chapter 1 what is law. the field of law with its two subject types: criminal civil

PRACTICAL LAWChapter 1

What is Law

JURISPRUDENCE

The field of law with its two subject types: Criminal Civil

Goals of American Law

Protect Human Rights Promote fairness Help resolve conflicts Promote order and stability Promote desirable social and economic

behavior Represent the will of the majority Protect the rights of minorities

Human Rights

Due to enlightenment school of thought, ideas are put into action to reflect rights the individual ought to have and what rights the government should not interfere with.

American Government and Human Rights

Magna Carta British Petition of Rights Act of Toleration English Bill of Rights US Bill of Rights

Resolving Conflicts

If human beings know the rules and the rules are tailored to prevent conflict then conflict will be minimized.

Desirable Social and Economic Behavior

Develop a sense of how human beings should interface with each other and develop a strong viable economy

Representing the Will of the Majority

Creating laws that promote democratic values…like one person one vote regardless of race, gender, religion, national origin, etc..

Protecting Minority Rights

Ensuring the protection of the minority from the government and the majority from persecution.

Jurisprudence

The purpose and philosophy of law. For example? Is it a moral or legal rule?

Is the law just? Is it applied justly? These are questions in the study of law.

Question for thought: Are all laws moral? Are all immoral acts

illegal?

Kinds of Laws

Criminal Law-legal action is brought by government against a person charged with a crimePenalties include imprisonment, fined placed under supervision or some from of punishment

Sue Davis is robbed at gunpoint. The criminal Joe Naples is faced with armed robbery charges.

State of Ohio v. Joe Naples not Sue Davis v. Joe Naples

Kinds of Law-Criminal Law

Criminal Law-Standard of Proof

State must prove its case “beyond a reasonable doubt.”

If judge or jury has any doubt they must not convict.

Types of Criminal Offenses

Misdemeanor-potential prison term of one year or less. Less serious crimes.

Felony-a term of more than one year in prison.

Such as murder or robbery

Kinds of Law-Civil Law

Civil Law

Regulates relations between individuals and individuals and groups.

A civil action is a lawsuit that can be brought by a person who feels wronged or injured by another person.

Civil laws regulate many everyday situations, such as marriage, contracts, consumer law, negligence.

Civil Suit

Not brought by the government, brought to court by an individual(s) known as the plaintiff-the person harmed known as the defendant.

Sue Davis is robbed at gunpoint by Joe Naples.

As a result she suffers from severe anxiety attacks and can not work. She sues Joe Naples for compensation. Sue Davis v. Joe Naples.Sue-plaintiff Joe-defendant

Civil Law-Standard of Proof

Must prove claim by presenting a “preponderance of the evidence.”

Plaintiff must convince the judge or jury that that it is more likely than not that the plaintiff’s complaint is true.

Common Law

Judge made law-judges use past interpretations of a law to make a decision in a new case.

Decisions of a court that are used to decide all other related issues are called precedent.

Stare decisis-Principle that precedent is binding on all future cases.

Statutory Law

Laws passed by Congress, Ohio General Assembly and all other authorized legislative bodies.

Advocacy and Law

Taking actions to support a cause and encourage others to support a cause?

How can advocacy change the law?

Initiative Referendum Recall

Initiative

Enables a specified number of voters to propose a law by petition. The law is then submitted to the voters or the legislatures for approval.

Examples: women’s suffrage, eight hour work day, Ohio’s 2006 indoor smoking ban

Referendum

Legislative act is submitted to the people for final approval.

Recall

Voters can get a petition to put a recall measure on the ballot to remove an elected official from office.

No statewide recall of Ohio officials, no recall of school board members, only for county, city or township officials.

California recall-voters remove Gov. Davis and a recall election votes for Arnold Schwartzeneiger for Governor.