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What is a Law?

What is a Law?. Law-rules and regulations made and enforced by government that regulate the conduct of people , within a society. Rules v. Laws. What is the difference between a rule and a law? What are examples of rules? School Home Clubs Teams. Why have laws?.

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What is a Law?

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  1. What is a Law? Law-rules and regulations made and enforced by government that regulate the conduct of people , within a society.

  2. Rules v. Laws • What is the difference between a rule and a law? • What are examples of rules? • School • Home • Clubs • Teams

  3. Why have laws? • 1. Promote fairness • 2. Protect human rights • 3. Help resolve conflicts • 4. Promote order and stability • 5. Promote desirable social and economic behavior • 6. Represent the will of the majority • 7. Protect the rights of minorities

  4. Values that are the basis for laws • Moral- deal with fundamental questions of right and wrong • Economic- accumulating, preservation, use and distribution of wealth • Political- reflect the relation between government and individuals • Social- issues that are important to us as a society

  5. Criminal Laws v. Civil Laws • Criminal 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

  6. Criminal Laws v. Civil Laws • Civil 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.

  7. Criminal Laws v. Civil Laws • Felonies- penalty is a term of more than one year in prisons • Misdemeanors- penalty is a term of less one year or less in jail

  8. Criminal Laws v. Civil Laws • Parties involved in legal action • Criminal cases –Prosecutor (government) brings charges against the defendant • Civil Cases – Plaintiff files a lawsuit against the defendant

  9. Criminal Laws v. Civil Laws • Burden 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)

  10. Constitution • Highest law in the land • Basic Framework of our government • Bill of Rights- 1st 10 amendments to the Constitution –defines and guarantees fundamental rights and liberties of all Americans

  11. Branches of Government

  12. Branches of Government • Legislative- Constitutional lawmaking power- Congress passes laws (statutes) • Executive- assist in the enforcement of laws- president and federal agencies • Judicial- court rulings (precedents) have the effect of laws

  13. Legislative Branch Makes the Laws

  14. Legislative Branch 435 Members in the House of Representatives 100 members in the Senate Makes the Laws

  15. Executive Branch- President Obama and Vice Pres Biden

  16. Executive Branch- White House

  17. Judicial Branch- Supreme Court

  18. Checks and Balances • Separation of powers among the three branches of government • Designed to prevent one branch from becoming too powerful and abusing its power

  19. Checks and Balances • Important checks that affect lawmaking power: • Legislative - approve appointments of federal judges • Executive- veto power- reject a law • Judical – 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

  20. FEDERALISM • Division of power between states and federal government • Areas of federal lawmaking authority are listed in the Constitution • The remaining powers are delegated to the states.

  21. Limited Government • Concept that governments derive their just powers from the consent of the governed

  22. Criteria for Effective Laws • Fair • Understandable to the Public • Enforceable • Expected to solve a problem

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