What is a Law?Law-rules and regulations made and enforced

by government that regulate the conduct of

people , within a society.

Rules v. LawsWhat is the difference between a rule and a

law?What are examples of rules?

SchoolHomeClubsTeams

Why have laws?1. Promote fairness2. Protect human rights3. Help resolve conflicts4. Promote order and stability5. Promote desirable social and economic

behavior6. Represent the will of the majority7. Protect the rights of minorities

Values that are the basis for lawsMoral- deal with fundamental questions of

right and wrongEconomic- accumulating, preservation, use

and distribution of wealthPolitical- reflect the relation between

government and individualsSocial- issues that are important to us as a

society

Criminal Laws v. Civil LawsCriminal laws

Regulate public conduct and set out duties owed to society. Legal action brought b y the government against a person charged with committing a crime.

Criminal laws have penalties and offenders are imprisoned, fined, placed under supervision, or punished in some other way

Criminal Laws v. Civil LawsCivil laws

Regulate relationships between individuals or groups of individuals. A civil action can be brought by a person who feels wronged or injured by another person.

Courts can award money for the loss or order the person who committed the wrong to make amends in some other way. Examples of civil laws are marriage ,divorce,

contracts, real estate, insurance and negligence.

Criminal Laws v. Civil LawsFelonies- penalty is a term of more than one

year in prisonsMisdemeanors- penalty is a term of less one

year or less in jail

Criminal Laws v. Civil LawsParties involved in legal action

Criminal cases –Prosecutor (government) brings charges against the defendant

Civil Cases – Plaintiff files a lawsuit against the defendant

Criminal Laws v. Civil LawsBurden of Proof

Criminal-beyond a reasonable doubt (90% certain the accused committed the crime)

Civil- by a preponderance of the evidence (51% certain the accused is responsible)

ConstitutionHighest law in the landBasic Framework of our governmentBill of Rights- 1st 10 amendments to the

Constitution –defines and guarantees fundamental rights and liberties of all Americans

Branches of Government

Branches of GovernmentLegislative- Constitutional lawmaking power-

Congress passes laws (statutes)Executive- assist in the enforcement of laws-

president and federal agenciesJudicial- court rulings (precedents) have the

effect of laws

Legislative BranchMakes the Laws

Legislative BranchMakes the Laws

435 Members in the House of Representatives

100 members in the Senate

Illinois Senators

Senator Richard Durbin

Senator Mark Kirk

Executive Branch- President Obama and Vice Pres Biden

Executive Branch- White House

Judicial Branch- Supreme Court

Checks and BalancesSeparation of powers among the three

branches of governmentDesigned to prevent one branch from

becoming too powerful and abusing its power

Checks and BalancesImportant checks that affect lawmaking

power:Legislative - approve appointments of federal

judgesExecutive- veto power- reject a lawJudicial – judicial review- declare laws

unconstitutional Enables a court to cancel any law passed by

Congress or a state legislature if it conflicts with the nation's highest law

Separation of PowersDivision of power between the three branches of the government.

FEDERALISMDivision of power between states and federal

governmentAreas of federal lawmaking authority are

listed in the ConstitutionThe remaining powers are delegated to the

states.

Limited GovernmentConcept that governments derive their just powers from the consent of the governed

Criteria for Effective Laws FairUnderstandable to the PublicEnforceableExpected to solve a problem