Chapter 1 What is Law Why do societies create laws and what do they hope their laws will accomplish How might these goals conflict with one another What are some societal problems that laws cannot solve ID: 710577
Download Presentation The PPT/PDF document "Unit 1 Introduction to Law and the Legal..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Unit 1 Introduction to Law and the Legal SystemSlide2
Chapter 1: What is Law?Why do societies create laws, and what do they hope their laws will accomplish?How might these goals conflict with one another?What are some societal problems that laws cannot solve?
Do laws reflect a society’s values?How might laws in a society that values order and safety compare to a society that values individual freedom and creativity?Slide3
Chapter 1: What is Law?Law and ValuesWe expect our legal system to:Protect basic human rightsPromote fairness
Help to resolve conflictsPromote order and stabilityPromote desirable social and economic behaviorRepresent the will of the majorityProtect the rights of minoritiesOur problems involve conflicts among these goalsEx. Laws that give preferences to minoritiesSlide4
Chapter 1: What is Law?Laws are based on moral, economic, political, or social values.Moral values deal with questions or right or wrongEconomic values deal with the accumulation, preservation, use, and distribution of wealth
Political values reflect the relationship between the government and individualsSocial values concern issues that are important to societySlide5
Chapter 1: What is Law?For each of the following values, indicate whether moral, economic, political, or social values are involved:All drivers must stop at stop signs
SocialIt is a crime to cheat on your tax returnsEconomic and socialAll citizens may vote at age 18Social and PoliticalSpecial government programs lend money to minority owned businesses at low interest ratesEconomic and socialGovernment officials may not accept gifts from people who want them to pass certain laws
Moral, political, economic
Possession of marijuana is a crime
Moral and SocialSlide6
Chapter 1: What is Law?Balancing Rights with ResponsibilitiesCritics say Americans are too concerned with rights and neglect responsibilitiesRights must be matched by social responsibilities
Ex. If you want to be tried by a jury of your peers, you must be willing to serve on a juryJust because you have a legal right, doesn’t mean you should exercise itSlide7
Chapter 1: What is Law?Our Constitutional FrameworkLimited Government Separation of PowersExecutive branch issues order and rules to enforce the law
Legislative branch passes laws or statutesJudicial branch clarifies the lawChecks and BalancesVetoJudicial ReviewFederalismAmendmentsSlide8
Chapter 1: What is Law?Examine each of the following situations and determine for each whether it involves the principle of separation of powers, checks and balances, judicial review, federalism, or a combination.A state law requires that a prayer be said each day in public schools. The Courts rule that the law violates a 1
st Amendment clause that prohibits the government from establishing religion.The US Congress passes a law that restricts the import of handguns from other countries. The legislature in one state allows the sale of handguns to anyone over age 18.Because a prison is old and overcrowded, a state court orders the legislature to spend $10 million on a new one.Slide9
Chapter 2: LawmakingHow Agencies Create LawsMost of the laws that affect you are made by gov’t agenciesEx. Congress passed the Clean Air Act
The Environmental Protection Agency (EPA) decides how to enforce the lawRegulations issued by agencies become law without being voted uponHold hearingsFederal RegisterSlide10
Chapter 2: LawmakingHow Courts Create LawRulingsPlessy v. Ferguson
International LawmakingTreatiesEUUNSlide11
Chapter 3: AdvocacyLobbyingA method used by interest groups to influence lawmakersLobbyists use ads, favors, campaign contributions, letter writing campaigns, rallies, and protests to influence legislation
Lobbyists must register with Congress and file quarterly reportsReports must indicate who has been lobbied and on what issue, how much they are paid, and how much they have spentSlide12
Chapter 3: AdvocacyCampaign Finance ReformProponents argue:That only rich people can run for office
That interest groups receive favors in exchange for large campaign contributionsElected official spend too much time raising moneyCritics argue that contributions are protected under the 1st amendmentSoft MoneyBipartisan Campaign Reform Act (eliminated soft money)
Super PAC’s
527’s and issue advocacySlide13
Chapter 5: The Court SystemTrial CourtsListen to testimony, consider evidence, and decide the factsIn a trial, there are two parties:
Plaintiff (or prosecutor)DefendantOnly defendant can appeal a decisionBased on the adversarial systemContest between opposing sidesEurope uses the inquisitional system6th amendment guarantees right to a jury trial in criminal cases; 7
th
amendment for civil cases
Defendant decides if he/she wants a jury trialSlide14
Chapter 5: The Court SystemDo you think that the adversarial system is the best method for solving disputes?Indicate whether you agree or disagree with the following statement: “It is better that 10 guilty persons go free than one innocent person suffer conviction.”In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you defend someone you knew was guilty?
14Slide15
Chapter 5: The Court SystemAppeals CourtsNo juries, no witnesses, and no new evidence presentedAn appeal is only possible when an error of law can be proven
An appeals court decides a case by issuing a written opinionSets a precedentMajority OpinionMinority/Dissenting OpinionConcurring OpinionCases are heard by a panel of judgesSlide16
Chapter 5: The Court SystemState and Federal Court SystemState courts can hear cases arising from state and federal lawOften specialized to deal with specific areas of the law
Federal courts hear cases arising from federal law, both civil and criminal94 U.S. District Courts13 Circuit Courts of Appeal1 Supreme CourtSlide17
Slide18
Slide19
Chapter 5: The Court SystemFor each case, decide whether the case will be tried in a state or federal courtA state sues a neighboring state for dumping waste in a river that borders both statesA wife sues her husband for divorce
A person is prosecuted for assaulting a neighborTwo cars collide. One driver sues the other for hospital bills and auto repairsA group of parents sues the local school board, asking that their children’s school be desegregatedSlide20
Chapter 5: The Court SystemTribal CourtsHear a broad range of civil and criminal cases involving Native AmericansMost resemble traditional, Anglo courtsLimited sentencing authorityNo longer than 1 year and $5,000 finePower to hear civil cases is quite broad
20Slide21
21Slide22
Chapter 5: The Court SystemInternational CourtsSet up by the UN to enforce international lawInternational Court of JusticeThe Hague in the NetherlandsInternational Criminal CourtBegan operating in 2003
Hears cases dealing with genocide, crimes against humanity, and war crimes22Slide23
Chapter 6: LawyersHow Do You Find a Lawyer?Recommendation from a friendYellow PagesMartindale Hubbell Law DirectoryBillboards (lol)!
Critics of advertisingLocal Bar Association23Slide24
Chapter 6: LawyersA television ad shows a lawyer in a bathing suit coming out of a lake. He says, “If you’re in over your head because of bad debts, let us bail you out. We’re the best firm in the state.” Should there be any restrictions on ads like this? If so, what? A lawyer hears that many people have been injured as a result of accidents in a car crash. He runs a newspaper ad showing a car crash. The ad reads, “If this happens to you, I may be able to help you recover your losses.” should the lawyer be able to do this?
Many people in an area have lost their jobs and are about to lose their homes because they cannot pay their mortgages. Jane, a lawyer, writes to all of these people saying she is willing to represent them to prevent the loss of their homes. Should she be allowed to do this?24Slide25
Chapter 6: LawyersWhat to Ask Your LawyerWhat is the lawyer’s fee?By the hour?Retainer?Contingency?Will there be a written fee agreement?
Has the lawyer handled cases like this before?Will the lawyer provide you with copies of all correspondence and documents prepared in your case?Will the lawyer keep you informed of any new developments and talk to you in plain English?25Slide26
Chapter 6: LawyersWorking with your LawyerAttorney-client privilegePick a lawyer you are comfortable withJudges very rarely allow you to fire a lawyer once the trial has begunLawyers must follow a Code of Professional Responsibility
Violations can result in disbarrmentCan be sued for legal malpracticeMust pass state bar exam
26Slide27
Chapter 6: LawyersProblem 6.4, p. 7027