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What is Law?

What is Law?. Jurisprudence is the study of law and legal philosophy Law The rules and regulations made and enforced by government that regulate the conduct of people within a society For a legal system to work, all must obey the laws, “No one is above the law. Laws and Values.

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What is Law?

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  1. What is Law?

  2. Jurisprudence is the study of law and legal philosophy Law The rules and regulations made and enforced by government that regulate the conduct of people within a society For a legal system to work, all must obey the laws, “No one is above the law.
  3. Laws and Values Why do societies create laws? What do they hope their laws will accomplish? Is it possible that the goals and laws may conflict with one another? What societal problems cannot be solved by laws?
  4. Laws and Values Our legal system is influenced by our society’s traditional ideas of right and wrong. We expect our legal system to achieve these goals: 1. Protect basic human rights 2. Promote fairness 3. Help resolve conflicts 4. Promote order and stability . Promote desirable social and economic behavior 6. Represent the will of the majority 7. Protect the rights of minorities
  5. Laws and Values How can the previous goals stated conflict with one another? Laws can be based on moral, economic, political or social values. As values change, so can laws.
  6. Human Rights Human rights are the rights all people have just because they are human beings Government and private individuals can violate human rights Human rights apply everywhere (home, work, school) and we have these rights from when we are born until we die.
  7. Rights and Responsibilities We as citizens have many rights, but with the rights come responsibilities Our focus on individualism has hindered our sense of community Examples: Jury Voting Laws themselves
  8. So what about Good Samaritans? Some states have considered “Good Samaritan” laws, which would require citizens to help others in need of assistance. Seinfeld Good Samaritan What are the pros and cons of such a proposal? Discuss this in a group of 3 Things to consider: How much aid the law might require a witness to give. Would the type of victim make a difference? (a child, for example) Should the law impose a civil or criminal liability on the bystander who fails to help?
  9. Kinds of Laws Laws fall into two major categories: Criminal or Civil Criminal laws regulate conduct and set out duties owed to society A criminal case is a legal action brought by the government against a person charged with committing a crime The standard of proof in a criminal case is beyond a reasonable doubt
  10. Kinds of Laws Criminal laws are divided into two categories: Felonies – penalty is more than one year in prison Examples include murder, or robbery Misdemeanors – penalty is prison term of one year or less Examples include assault or theft
  11. Civil Laws A civil action can be brought by a person who feels wronged or injured by another person. Examples include divorce, contract issues, insurance, consumer protection.
  12. Lawmaking Constitutions set forth laws and establish structure of government Legislatures make laws; lobbying influence lawmaking processes; courts can set precedents for laws
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