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Law and Society

Law and Society. CJUS/POLS 102 Chapter 1: Introduction to Law. Functions of Law. Five primary functions 1. Bestows benefits on people 2. Reflects society’s values 3. Creates new programs 4. Proscribes certain activities 5. Provides predictability. Sources of Law. Natural law

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Law and Society

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  1. Law and Society CJUS/POLS 102 Chapter 1: Introduction to Law

  2. Functions of Law Five primary functions 1. Bestows benefits on people 2. Reflects society’s values 3. Creates new programs 4. Proscribes certain activities 5. Provides predictability

  3. Sources of Law • Natural law - considered a higher law - laws of God or nature - “mala in se” • Positive law - reflect the will of the people - “mala prohibita” • Sociological law - values / mores / culture of a society

  4. Laws of Society Laws: divided into different concepts: • Constitutional law - supreme law of the land - all others subordinate - US Supreme Court - limits government • Criminal law - federal / state / local - felony / gross misdemeanor / misdemeanor

  5. Laws of Society • Civil law - relates to torts committed - personal injury - physical / mental / monetary - action between two or more parties • Administrative law - powers of administrative agencies - elected officials enact laws - government agencies carry out - enact policies / procedures

  6. Laws of Society • Statutory law - written laws passed by governments - federal / state statutes - county / city ordinances • Common law - originated in Medieval England - adopted during American Revolution - opinions / judgments of courts - judge-made law - “unwritten law”

  7. Laws of Society • Case law - reported judicial decisions - judge interprets the law - meaning of Constitution / statutes / other - criminal trials / civil trials / appeals • Public law - concerned with public rights / obligations - constitutional / international / criminal / etc. • Private law

  8. Laws of Society - regulates the rights and duties - exist between private persons - individuals / companies / associations - contract law / business law / etc. Modern Sources of Law • Constant state of change - society changes / laws must adapt - old laws dropped / new laws added - others modified

  9. Modern Sources • Constitutional form of government - ultimate source of law - all branches of government - by the people a. Legislative branch - federal / state / local - written law - “referendum” (1) Laws have jurisdiction

  10. Modern Sources - geographic area - power / authority to enforce (a) Federal law - entire country / territories - relates to federal authority / power (b) State law - entire state - county / city alike - health / taxes / wildlife / licenses

  11. Modern Sources (c) County law - only to that county - can include cities within - juvenile / civil / property taxes / etc (d) City law - only to that city - police / fire / water / licenses / etc (2) Doctrine of Supremacy - cannot supersede state law

  12. Modern Sources - cannot supersede federal law (3) Challenging a legislated law - courts do not interfere - until someone challenges - appeals conviction / judgment - must be a case / controversy b. Executive branch - veto makes law - executive order / administrative law

  13. Modern Sources (1) Veto - bill signed by president / governor - can override by 2/3’s majority (2) Executive order - protecting environmental areas - excusing from prosecution (3) Administrative law - agencies impose policy / procedures - agency head reports to executive

  14. Modern Sources c. Judicial branch - all levels make law (1) State courts - Grays Harbor Superior Court - State Court of Appeals (2nd circuit) - State Supreme Court (2) Federal courts - US District Court (Tacoma) - US Court of Appeals (9th circuit)

  15. Modern Sources - US Supreme Court d. Lawmaking by the people (1) How we vote (2) Initiative • Classification of Law - all levels of government - federal / state / local

  16. Classification a. Civil / Criminal law - referred to as private law / public law b. International / domestic law (1) International - between two or more countries - civil or criminal (2) Domestic - handled in US courts

  17. Classification c. Procedural / substantive law (1) Procedural law - establishes procedures to be followed - by police / courts / corrections - 5th Amendment (a) Police - use of force - advice to rights - collection of evidence

  18. Classification (b) Courts - filing of charges - notification for defense - presentation of evidence (c) Corrections - offender rights - parole hearings - personal safety (2) Substantive law

  19. Classification - content / substance of the law (a) Perform a certain action - act in a certain way (b) Prohibits criminal acts - certain actions a crime Washington State Government 1. 1848 – 1853: part of Oregon Territory

  20. Washington State - Oregon / Washington / Idaho - territorial representatives - Territorial Supreme Court (3 justices) a. 1853 – 1889: Washington Territory - north of Columbia River - west of Continental Divide - territorial governor / representatives - supreme court (4 justices) - territorial prison (Walla Walla)

  21. Washington State b. October 1, 1889: state constitution - elected public officials (1) November 11, 1889: 42nd state - Act of Congress - laws of California - 3 branches of government - supreme court (5 justices) (2) 39 counties - county commissioners

  22. Washington State - county agencies (roads / health / etc) • Branches of government a. Executive - Governor / Lt. Governor - 189 administrative agencies/commissions b. Legislative - Senate / House of Representatives - 49 senators / 98 representatives

  23. Washington State (c) Judicial - state supreme court (9 justices) - state court of appeals (I / II / III) - superior courts (population) - district courts / municipal courts • Washington law - Washington Administrative Code (WAC) - Revised Code of Washington (RCW)

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