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Answer/discuss these questions in a small group:

Explore the worth of different workplace injuries and the impact on workers' compensation claims. Discuss legal precedents and statutes related to compensation.

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Answer/discuss these questions in a small group:

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  1. Answer/discuss these questions in a small group: 1. Assume you have an accident at work, and you lose your hand. How much do you think it is worth? 2. How much is your foot worth? 3. How much is your eye worth? 4. Which of these injuries is worth the most? 5. Which of these injuries is worth the least?

  2. Title 77 § 513 of the Pennsylvania Statutes – Workers’ Compensation

  3. Lesson 1.2Types of Law Essential Questions: How does “judge-made law” differ from statutory law? What role does precedent play in the American legal system?

  4. Federal Statutes: https://www.law.cornell.edu/uscode/text Pennsylvania Statutes: http://www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfm Mechanicsburg Statutes (Ordinances): http://mechanicsburgborough.org/codes-zoning/codified-ordinance/ Upper Allen Township Statutes (Ordinances): http://ecode360.com/UP1380?needHash=true Types of Law

  5. Types of Law

  6. Owasso Independent School District v. Falvo (2002) Question Presented: Does peer grading violate the Family Educational Rights and Privacy Act of 1974? Why or why not? Explain. Respond to “In My Opinion…” in 3 to 5 lines.

  7. Owasso Independent School District v. Falvo (2002) According to the U.S. Supreme Court... In a unanimous ruling, the Court held that Peer grading does not violate FERPA. The Court reasoned that peer- graded items did not constitute education records protected by FERPA until a teacher collected the grades on the students' papers or other items and recorded the grades in the teacher's grade book. In reaching its conclusion, the Court noted that peer-graded items were not "maintained" within in the meaning of FERPA, as the student graders only handled the items for a few moments. Moreover, the Court stated that each student grader, by grading assignments, did not constitute a person acting for an educational institution within FERPA http://www.oyez.org/cases/2000-2009/2001/2001_00_1073/

  8. Types of Law

  9. Precedent and Stare Decisis Precedent– A court ruling that is used by judges as a model for deciding the outcome of future cases that involve similar circumstances. Stare Decisis – Short for “stare decisi et non quieta movere”, means to “stand by what has been decided and do not unsettle the established”. Stare Decisis then means “let the decision stand”. It is the legal tradition of upholding previous case precedents when deciding cases that involve similar circumstances. *Lower courts are expected to follow the precedents established by higher courts, and the U.S. Supreme Court is guided by previous rulings of the U.S. Supreme Court. On occasion, the U.S. Supreme Court overturns previous precedents [for example: Brown v. Board of Ed (1954) reversed the precedent established by Plessy v. Ferguson (1896)]. Video Clip #1 Video Clip #2

  10. Anissa Weier sentenced in Slender Man stabbing case WAUKESHA, Wis. -- One of two Wisconsin girls who attempted to kill a classmate to win favor with a fictional horror character named Slender Man was sentenced Thursday to 25 years in a mental hospital, the maximum punishment possible, with credit for time served in juvenile detention.  Waukesha County Circuit Judge Michael Bohren on Thursday sentenced Weier to 25 years in a psychiatric institution, retroactive to the date of the 2014 crime. Anissa Weier, 16, pleaded guilty in August to being a party to attempted second-degree intentional homicide, but she claimed she wasn't responsible for her actions because she was mentally ill. In September, a jury agreed. Weier and Morgan Geyser lured Payton Leutner into a wooded park in Waukesha, a Milwaukee suburb, in 2014. Geyser stabbed Leutner 19 times while Weier urged her on, according to investigators. Leutner survived after she crawled out of the woods to a path where a passing bicyclist found her. Both Weier and Geyser told detectives they felt they had to kill Leutner to become Slender Man's "proxies," or servants, and protect their families from him. All three girls were 12 years old at the time. https://www.cbsnews.com/news/anissa-weier-sentenced-in-slender-man-stabbing-case/

  11. Roper v. Simmons (2005) Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 1. Petitioner’s brief says “Because of Stanford, Simmons bears the additional burden of justifying abandonment of the principle of stare decisis.” Explain this statement and explain why this is a strong argument. 2. Petitioner relies heavily on Stanford v. Kentucky (1989) in their argument. Why? How are these cases similar? How does this precedent seem to support their argument? 3. Respondent argues that the execution of juveniles has become quite “unusual”. Explain this statement. 4. Respondent relies heavily on Atkins v. Virginia (2002) in their argument. Why? How are these cases similar? How does this precedent seem to support their argument? 5. Which precedent (Stanford or Atkins) do you feel should have more bearing on the outcome of Roper v. Simmons? Why? Explain. Write your response on the back.

  12. Roper v. Simmons (2005) Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Question Presented: Does the execution of individuals who commit crimes as minors violate the prohibition of "cruel and unusual punishment" found in the Eighth Amendment?

  13. Roper v. Simmons (2005) Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. According to the U.S. Supreme Court... In a 5 to 4 ruling, the Court held that standards of decency have evolved so that executing minors is "cruel and unusual punishment" prohibited by the 8th Amendment. The majority cited a consensus against the juvenile death penalty among state legislatures, and its own determination that the death penalty is a disproportionate punishment for minors. Finally the Court pointed to "overwhelming" international opinion against the juvenile death penalty. http://www.oyez.org/cases/2000-2009/2004/2004_03_633

  14. How did the precedent created by Atkins v. Virginia influence the Court’s ruling in Roper v. Simmons? Excerpts from the U.S. Supreme Court’s Majority Opinion (written by Justice Anthony Kennedy) As in Atkins, the objective indicia (signs/indicators) of consensus in this case–the rejection of the juvenile death penalty in the majority of States; the infrequency of its use even where it remains on the books; and the consistency in the trend toward abolition of the practice–provide sufficient evidence that today our society views juveniles, in the words Atkins used respecting the mentally retarded, as “categorically less culpable (deserving of blame) than the average criminal.” Once the diminished culpability of juveniles is recognized, it is evident that the penological (punishment) justifications for the death penalty apply to them with lesser force than to adults. We have held there are two distinct social purposes served by the death penalty: “ ‘retribution (punishment/vengeance) and deterrence of capital crimes by prospective offenders.’ ” Atkins, 536 U.S., at 319 (quoting Gregg v. Georgia, 428 U.S. 153, 183 (1976) (joint opinion of Stewart, Powell, and Stevens, JJ.)). As for retribution, we remarked in Atkins that “[i]f the culpability of the average murderer is insufficient to justify the most extreme sanction available to the State, the lesser culpability of the mentally retarded offender surely does not merit that form of retribution.” 536 U.S., at 319. The same conclusions follow from the lesser culpability of the juvenile offender.

  15. Types of Law

  16. What is a common law marriage? 1. Why were common law marriages originally recognized? 2. Why are common law marriages no longer necessary? 3. For what other reason(s) did the Commonwealth Court decide to no longer recognize future common law marriages? 4. Why was Diane Miller’s request for alimony denied?

  17. What is a common law marriage? 1. Why were common law marriages originally recognized? 2. Why are common law marriages no longer necessary? 3. For what other reason(s) did the Commonwealth Court decide to no longer recognize future common law marriages? 4. Why was Diane Miller’s request for alimony denied? http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=11&sctn=3&subsctn=0

  18. Types of Law

  19. Blackstone’s Commentaries on the Laws of England http://www.lonang.com/exlibris/blackstone/

  20. Complete the following statements: • The ____________ branch “makes” laws. • The executive branch ____________ laws. • The ____________ branch “interprets” laws.

  21. Complete the following statements: legislative • The ____________ branch “makes” laws. • The executive branch ____________ laws. • The ____________ branch “interprets” laws. enforces judicial 1. Explain why judges are said to interpret the law. How do judges “interpret” the law? 2. How do their rulings create new law?

  22. Lesson 1.2 -Types of Law Summarizer: 1. Explain why judges are said to interpret the law. How do judges “interpret” the law? 2. How do their rulings create new law?

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