Chapter 1 Laws & Their Ethical Foundatio n

Chapter 1Laws & Their Ethical Foundation Law in Society Ms. Baumgartner

Planning a Career in Law • Trial Lawyer • Let’s read & discuss p3 together…

VOCABULARY • Laws • Code: laws grouped in organized form • Common Law: laws based on current standards or customs of the people • Positive Law: laws sent down by a higher authority to prevent disputes from happening in the first place • Jurisdiction: the power to decide a case • Equity fairness

What is Law? • Laws – enforceable rules of conduct in a society that reflect the culture and circumstances that create them • Code – laws grouped into an organized form

What is Law? Stages in the Growth of Law • Most societies go through 4 distinct stages in forming their legal systems: • Individuals are free to take revenge for wrongs done to them (Gang Wars) • A leader acquires enough power to be able to force revenge-minded individuals to accept an award of goods or money instead • The leader gives this power to a system of courts • The leader or central authority acts to prevent and punish wrongs that provoke individuals to seek revenge

What is Law? • Common law – law based on the current standards or customs of the people, usually formed from the rules used by previous judges to settle people’s disputes • Positive law – laws dictated by an authority to prevent disputes and wrongs from occurring in the first place

WORLD’S 2 GREAT SYSTEMS OF LAW Roman Civil Law: Louisiana (only state) with systems that are written, well-organized and in code form but never finalized or determined. Only changed by central government—not by the people. English Common Law • Barons acted as judges; disputes settled on basis of customs. Differed region to region • In 1150, King Henry gave judges power to order wrongdoers pay the parties they injured • Judges would come to you “King’s Bench” • Baron’s courts decided less serious cases • King’s court always took jurisdiction over important cases • King had judges appoint citizens to act as JURY

ADVANTAGES OF English Common Law • Same judicial process over and over—no surprises, people aware • Uniformity—same across the board • Adapts to changes in society and customs ** US is based on English Common Law ** ** common law example pg7 **

Jurisdiction: the top power to decide a case • Promotes EQUITY (fairness)

1-1 Assessment Complete as a class

What Are the Sources of Law? • Constitution – a document that sets forth the framework of a government and its relationship to the people it governs • You are governed by both the U.S. and the your state Constitution • The U.S. Constitution is “the supreme law of the land” • This means no other law may conflict • The Supreme Court is the final interpreter of the federal Constitution

What Are the Sources of Law? • Constitutions allocate powers • Between the people and their governments • Between state governments and the federal governments • Among the branches of the government • U.S. Constitution Congress • State Constitutions state legislatures • Both are composed of elected representatives of the people

LAW ENACTMENTS Body of People Who Included • Federal Constitution—U.S. Congress • Legislatures (state or federal) create laws called statutes EX: CIGARETTE WARNINGS • Legislation at the local level is called an ordinance.(city/town rules)

Cases • The judicial branch of government creates case law. • created when an appellatecourt approves a rule to be used when deciding a court case. Appellate court looks into past court cases to see if/when errors were made. • It is created usually when a trial has ended and one party appeals the result to a higher court. The newly established law is used in deciding the case and others similar to it.

What Are the Sources of Law? • Stare decisis – “let the decision stand,” doctrine requiring lower courts to follow established case laws in deciding similar cases • Administrative agencies – governmental bodies formed to carry out particular laws • Ex) Social Security Administration, AL Dept. of Motor Vehicles, Russell County zoning commission

What Happens When Laws Conflict? • Sometimes laws created by different levels of government conflict • Usually federal law prevails over state law and state law prevails over local law • Remember that Constitutions are the highest sources of law and the U.S. Constitution is “the supreme law of the land” (supremacy)

Kinds of Laws • Civil Law – a law that addresses wrongs done to individuals. • When private legal rights of an individual are violated. • When one person has the right to sue another person. • EX: a tenant fails to pay the rent, the landlord has the right to sue. The police DO NOT take action. • EX: Judge Judy

Criminal Law – sets punishments for offenses against society • When your right to live in peace is violated by a crime • Police are involved and prosecute guilty party • Convictions can result in: fines, imprisonments, and execution

Other Types of Laws • Procedural Law – deals with methods of enforcing legal rights and duties. • Laws that specify how and when police can make arrests and what methods can be used in a trial. • EX: Stare Decisis • 2 types: CRIMINAL PROCEDURE (the process for enforcing the law when someone is charged with a crime) CIVIL PROCEDURE (what to follow when a civil law has been violated)

Substantive Law –defines rights and duties; concerned with all rules of conduct—except those in law enforcement • Defines offenses like murder, theft, negligence • Business law– covers rules that apply to business situations and transactions

1-2 assessment

Ethics and the Law • Ethics – practice of deciding what is right or wrong in a reasoned, impartial manner • To make ethical decisions, we usually must base our decisions on reason, not emotion • Consequence-based reasoning • Rule-Based reasoning

Civil disobedience – open, peaceful, violation of the law to protest what people think is injustice

Silly Laws in the U.S. • In the great state of AL: • It is considered an offense to open an umbrella on a street, for fear of spooking horses. • It is illegal to sell peanuts in Lee County after sundown on Wednesday. • Putting salt on a railroad track may be punishable by death. • It is illegal for a driver to be blindfolded while operating a vehicle.

1-3 assessment • Chapter 1 Assessment: 1-16, 23, 25, 33 • Find 3 silly laws for Alabama

Chapter 1 Laws & Their Ethical Foundatio n