Chapter 1Our Laws

Hot Debate – Page 4

1. Who was at fault?

2. What arguments would Donna’s attorney present at the civil trial to determine who was negligent?

3. What arguments would Wilma’s attorney present?

Hot Debate - Answers

1. Both parties were legally at fault.

2. Donna’s attorney would attempt to prove that Wilma was intoxicated and that she denied the right of way to Donna. She would also argue that Wilma was far more at fault than Donna.

3. Wilma’s attorney would attempt to prove that Donna was exceeding the speed limit and thus was also negligent. Wilma’s attorney would point out that the accident would not have occurred had Donna not been speeding.

What’s Your Verdict – Page 5

Do you think they are correct?

What’s Your Verdict – Answer

Lorenzo and Bixby were right. The need for law has not changed significantly over our recorded history. We still make the same mistakes and still need the same protections from the conduct of others.

What is Law?

Laws-enforceable rules of conduct in a society that reflect the culture and circumstances that create them.

Laws may be grouped into an organized form called a code.

Example: the law code set down 4,000 years ago had similar coverage as our country does today. Criminal law, property law, family law…

4 Stages in the Growth of Law

Most societies go through 4 distinct stages in forming their legal systems:

1. Individuals take revenge for wrongs done to them

2. Awards of money or goods are substituted for revenge

3. Court systems are formed4. A central authority figure intervenes

to prevent and punish wrongs

Stages in the Growth of Law 1st Stage-injuries inflicted on one human being

by another are matters for personal revenge. Those who are wronged feel that justice can be done only through punishing the wrongdoer.

Example-gang-related shootings in our inner cities often are a result of this type of attitude. Whether they occur in our city or in a developing society, such incidents disrupt the normal routine of the people and result in harm to innocent bystanders.

Stages in the Growth of Law

2nd Stage-this stage is important because a judge could award money or goods as a substitute for revenge.

Example-civil suits, the injured person is awarded money for the injuries caused by the wrongdoer.

Stages in the Growth of Law

3rd Stage-Courts are formed, a judge will listen to both sides and decide who was in the wrong and who was injured and why.

4th Stage-The judge uses the courts to prevent problems from arising. The judge will issue laws to punish behaviors that injure others in certain ways.

Common Law vs. Positive Law

What would the world be like if we didn’t have laws?

Common Law vs. Positive Law

In any society laws should be predictable and flexible. If it was unpredictable it would result in chaos.

Common Law vs. Positive Law

COMMON LAW

law based on the current standards and customs of the people.

It’s usually pronounced by judges who use it to settle people’s disputes.

POSITIVE LAW

Some laws are set down by a judge, sovereign, or other central authority to prevent disputes and wrongs from occurring in the first place (creating laws).

Law dictated from above in this fashion is called positive law.

What’s Your Verdict – Page 6

What powers do the courts have that would be useful in this situation?

What’s Your Verdict - Answer

The judge may grant the company a money award for the loss of the truck. The court also could issue an injunction to limit the number of picketers at the plant’s entrance. Strikers who violate the injunction risk a jail sentence for contempt of court.

What’s the Origin of Our Legal System?

The world’s two great systems of law are English Common Law and Roman Civil Law.

The system of law in the U.S. is based on English Common Law.

Equity courts were developed in England

English Common Law

English Common Law came about in England when barons acted as judges within their territories and settled disputes based on the local customs of the people.

Because of this, the laws differed from region to region. Such variances worked a hardship on the people and made it difficult for a central government to maintain control.

English Common Law

King Henry II decided to improve the situation and he appointed a number of judges from a group of trusted nobles.

King Henry gave these judges the power to order that wrongdoers pay with money or goods the parties they injured.

English Common Law

The baron’s courts, which heard local cases before the King’s courts were created, kept the power to decide some of the minor cases.

However, the King’s courts always too jurisdiction (the power to decide a case) over the most important cases.

The judges would choose citizens in each region (a jury) to help interpret the customs of that village.

Example: William and Gwen Page 6-7

Equity: An Alternative to Common Law

The English common law courts carefully followed precedent. This means the court used prior cases as a guide for deciding similar new cases.

There are downfalls to following precedent: Example: If a farmer decided to dam up the stream

that watered his neighbors crops and animals, the courts of law would had to wait until the harm had occurred (the crops and animals had died) and then award the neighbor damages for what the farmer did.

Something bad had to happen before a law could be made to protect a person and/or property.

Equity: An Alternative to Common Law

In some cases of the neighbor was a noble, he might be able to get around the courts and directly petition the king for help. The king would refer the matter to his chancellor, who was usually a high clergyman respected for his equity, or fairness.

The chancellor could issue an injunction to stop the dam from being built.

Because of this the king eventually started using equity courts and law courts.

In the United States today, law courts and equity courts generally are merged.

What’s Your Verdict – Page 9

Bell Ringer:

What type of law requires this?

What’s Your Verdict - Answer

The law requiring cigarette warnings is a statute enacted by the U.S. Congress.

What are the Sources of Our Laws?

Laws in this country are created at all three levels of government-federal, state, and local.

Constitutions

A constitution is a document that sets forth the framework of a government and its relationship to the people it governs.

When constitutions are adopted or amended, or when courts interpret constitutions, constitutional law is made.

The Supreme Court of the United States is the FINAL interpreter of the federal Constitution.

Constitutions

Federal and State Constitutions are concerned with defining and allocating certain powers in our society.

Constitutions allocate powers:1. Between the people and their

governments2. Between state gov’t and the federal

gov’t3. Among the branches of gov’t

1. Allocation of Power btw. People & Gov’t

The Federal Constitution is the main instrument for allocating powers between people and their gov’t.

It does this with its first ten amendments, called the Bill of Rights.

What are some of the personal rights granted in the Bill of Rights?

2. Allocation of Power btw. Federal & State Gov’t

The federal Constitution also allocates powers between the federal and state gov’ts.

The Constitution gives the federal gov’t the power to regulate both foreign and interstate commerce.

Interstate commerce occurs btw. 2 or more states.

The power to regulate intrastate commerce (which occurs within 1 state) is left with that state.

3. Allocation of Power Among the Branches of Gov’t

State and federal constitutions also allocate governmental powers among the 3 branches of gov’t: executive, legislature, and judicial

Statutes

The federal Constitution created the Congress of the U.S.

State constitutions created the state legislatures.

The state and the federal legislatures are composed of elected representatives of the people. Acting for their citizens (us), the legislatures enact laws called statutes. An example of a statute is like What’s Your

Verdict with the Surgeon General cigarette warning.

Administrative Regulations Administrative agencies are governmental

bodies formed to carry out particular laws.

Administrative agencies are controlled by the executive branch

Examples: Federal Social Security Administration, your state’s division of motor vehicles (where you get your drivers license), and county’s zoning commission.

Administrative Regulations

Legislatures sometimes give administrative agencies legislative powers and limited judicial powers. Legislative powers are the agencies

that are authorized to create administrative laws, also called rules and regulations.

Cases

The judicial branch of gov’ts creates case law.

Case law usually is made after a trial had ended and one of the parties has appealed the result to a higher court.

This appeal will be based on legal rulings made by the lower courts in deciding the case.

Cases

The effectiveness of case law arises out of stare decisis. This doctrine (stare decisis)

requires that lower courts must follow established case law in deciding similar cases.

Read In This Case-Page 10

What’s Your Verdict – Page 10

Could the people do anything to change the effect of the Supreme Court decision?

What’s Your Verdict – Answer

The 16th Amendment to the U.S. Constitution, adopted in 1913, gave Congress the power to lay and collect income tax. This in effect nullified the U.S. Supreme Court decision.

What Happens When Laws Conflict?

Sometimes laws created by different levels of government conflict.

Any federal, state, and local law is not valid if it conflicts with the federal Constitution.

The U.S. Constitution always prevails

When a law is invalid because it conflicts with a constitution, it’s said to be unconstitutional. Example: Statutes and Validity-Pg. 11 (2nd

paragraph)

What’s Your Verdict – Page 11

Did Worthington violate civil or criminal law?

What’s Your Verdict – Answer

Worthington committed both a crime and a civil offense. Driving through the stop sign was a

crime. Worthington could be arrested, convicted in a criminal trial, and fined.

When he carelessly smashed into the side of Bates’ Mercedes he committed a civil offense. Bates could probably win a separate civil trial and recover the $12,000.

Criminal vs. Civil Laws

CIVIL LAW

When the private legal rights of an individual are violated, the matter is governed by civil law.

Civil law applies whenever one person has a right to sue another person.

Example: when a tenant fails to pay the rent, the landlord has the right to sue the tenant.

Police do not investigate civil matters

CRIMINAL LAW

A crime is an offense against society, it disrupts the stable env’t that we all depend upon to make civilization work.

When citizens’ right to live in peace is violated by such activity, the offense is governed by criminal law.

Example: Running a stop sign

Police investigate criminal matters.

Conviction of a crime can result in a fine, imprisonment, and in some states execution

Law in the Media

1. Do you think Tucker’s portrayal in the media swayed public opinion about her execution?

2. Discuss the anti-death penalty lobbyists’ use of the media to attempt to overturn the court verdict. What do you think motivated their actions?

Procedural vs. Substantive

PROCEDURAL LAW

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

Example: if you murder someone your punishment would be similar to previous cases (see next slide)

SUBSTANTIVE LAW

Defines rights and duties Defines offenses, such as

murder, theft, vehicular homicide, breach of contract, and negligence

2 types of substantive law:1. Criminal Procedure-defines

the process for enforcing the law when someone is charged with a crime

2. Civil Procedure-concerned only with private offenses

Sentencing for Murder

OFFENSE MANDATORY SENTENCING

Murder 10–99 years or Life without parole

Capital Murder Death or Life without parole

ALABAMA

TEXASOFFENSE MANDATORY SENTENCING

Murder Between 20 years and life with parole after 30 years

Capital Murder Death penalty or life without parole

Murder-the unlawful killing of another human being with intent.Capital Murder- http://www.gencourt.state.nh.us/rsa/html/LXII/630/630-1.htmTypes of Murder- http://en.wikipedia.org/wiki/Murder (on right side, under homicide)

Degrees of Murder

First degree murder is any murder that is willful and premeditated. Felony murder is typically first degree.

Second degree murder is a murder that is not premeditated or planned in advance.

Voluntary manslaughter sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed." Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.

Involuntary manslaughter stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter. Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional," because the killer did not intend for a death to result from his intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.

Examples of Murder

http://en.wikipedia.org/wiki/Cold_case#Notable_examples

Business Law

Business law covers rules that apply to business situations and transactions.

Torts are private or civil offenses against people or organizations. Example-manufacturers make defective products that injures users

http://injurylaw.labovick.com/2008/02/articles/product-liability/mitsubishi-product-liability-case-receives-11-million-verdict/

Business laws greatly affect business firms and consumers.

The Uniform Commercial Code is a widely adopted uniform business law, governing areas such as sales of goods, leases of goods, and aspects of banking.

BINGO 4x4 Board 1 FREE Space

Supreme Court Roman Civil Law Interstate Commerce Executive branch federal statue English Common Law law courts Constitution four

US Constitution common law positive law criminal matters England Rules and Regulations a precedent business firms and

consumers Doctrine of Stare Decisis