Street Law The principles of fairness, justice, authority and responsibility that form the basis of the American legal system.

Street Law The principles of fairness, justice, authority and responsibility that form the basis of the American legal system

Course Description This course is designed to prepare students for responsible adulthood by studying law and how to effectively function within the system. Street Law teaches young people how abstract legal principles affect their everyday lives and gives these students a better understanding of the law, legal processes and the fundamental principles and values that underlie our constitutional democracy.

Course Goals Develop critical life skills Teach practical information Understand the American criminal justice system and how it affects rights and responsibilities Understand the roles of professionals in the criminal justice system Gain insight into the practical application of the law in their lives Understand the major legal conflicts in America, today and in the past Gain insight into the practical application of the law in their lives Help the student better understand his/her role as a citizen Give students legal information that will assist them for a successful transition to adulthood The Street Law class draws real-world connections between the lives of students and the law, human rights, and democratic values.

Learning's The basic structure of the legal system, including the relationship among legislatures, courts, and agencies How citizens relate to the lawmaking process of each branch of government The fundamental constitutional rights, laws, and processes involved in the criminal and juvenile justice systems, and pertaining to family, housing, and individual rights areas The function and operation of trials and other legal proceedings

Learning’s continued Understand and use basic legal terminology Read, comprehend, and complete legal forms such as contracts, leases, small claims court complaint forms, and credit applications Respond appropriately to police and law enforcement officers, choose courses of action to avoid potential legal problems Seek appropriate remedies for legal problems, e.g., writing effective letters of complaint

Learning’s continued Besides learning what the law is, students also learn to examine underlying policies and values to assess what the law should be. The students are encouraged to draw on their own knowledge and experience to assess laws and their underlying policies, rationales and values. Students also study how our legal system balances competing values that come into conflict. For instance, students examine how the First Amendment “freedom of speech” may be balanced against society’s interest in protecting itself from injurious, obscene or dangerous words.

Topics to be Covered Introduction to Law and the Legal System Civil Law Consumer Law Juvenile Law -----Semester Break----- Criminal Law Family Law Individual Liberties

Introduction to Law and the Legal System Provide a foundation and frame of reference for the study of law. Within the context of American government, students will gain a new perspective on laws and explore the crucial roles and duties of citizens, legislators, attorneys, and judges who work to preserve and strengthen our system of justice.

What is Law? Laws are rules made by the government that tell people in a society how they should act. While every society has some type of law, it can take many different forms depending on the given society. Stable societies depend on government officials to enforce the laws and the citizens to obey them. Laws and Values Laws generally reflect people’s ideas about right and wrong. However, not everything that is immoral is illegal. Laws often change over time as a society’s values change. One goal of the law is democratic societies is to respect the majority’s wants while protecting the rights of those who have less of a voice in the system.

Human Rights Human rights are the rights that belong to people simply because they are human beings. Most countries have agreed to recognize and respect human rights by signing the Universal Declaration of Rights. The United Nations has developed a system of international treaties that protects specific human rights. Many countries also create laws aimed at protecting human rights. Our Constitution, Bill of Rights, and other state and federal laws are all influenced by a desire to protect human rights.

Balancing Rights with Responsibilities Americans enjoy many individual rights, but some people argue that these rights must be balanced with social responsibilities to foster a sense of community.

Kinds of Laws Law can be divided into two major categories: civil and criminal. Criminal laws regulate public conduct. In a criminal case, the government brings legal action against a person and imposes a penalty. Civil laws regulate relations between private individuals and may be enforced in a civil action by a private citizen (or group) who feels wronged. Sometimes the same act or wrong can be tried as both a civil and criminal case. However, criminal cases require a higher standard of evidence for conviction than civil cases, because the penalties are more severe.

Our Constitutional Framework The United States Constitution is the highest law in the United States and the longest lasting written constitution in the world. The U.S. Constitution sets forth guidelines for the organization of the government, lists the government’s powers and limits, and outlines the freedoms of U.S. citizens. The Constitution also designates that the federal government’s power must be divided among three branches, each with distinct roles and checks on the other branches’ power. In addition to federal power being shared among the three branches, power is also divided between the federal and state governments.

Each state has its own constitution, which organizes its government and sets out the rights of its people. These constitutions, like the federal Constitution, are difficult to change, but amendment processes exist and are used when necessary. +

Lawmaking Legislatures make laws in the United States. However, the executive and judicial branches of government also have a role in lawmaking. Sometimes, government agencies, appellate courts, and even voters themselves can act as lawmakers. Legislatures Federal and state legislatures and local lawmaking bodies all have the power to pass laws. Federal law prevails when statutes conflict. Lawmaking bodies respond to the needs of citizens by introducing legislation in the form of bills. When bills are approved and passed by legislatures they become laws. If disputes arise regarding the meaning of laws, they may be resolved in court.

Agencies Legislative bodies usually write only general laws. Government agencies then develop rules and regulations that make laws more specific. Although rules made by government agencies become law without being voted on by lawmakers, the agencies themselves often holds public hearings before issuing proposed rules and regulations.

Courts Courts also make laws by establishing precedents. A person who loses a trial can sometimes ask a higher court to review and change the result of that trial. When an appellate court decides a case, its written opinion sets a precedent for similar cases in the future.

International Lawmaking International laws are established through treaties, or agreements between nations. Various international laws regulate international commerce, ownership of property, and other multinational issues. The United Nations, formed in 1945, maintains a system of international courts and has become the most important institution in the area of international law.

Advocacy Advocacy involves strategies aimed at influencing the creation and implementation of laws and policy. In addition to using their voting power, citizens in a democracy can organize to alert elected officials to problems in their communities, states, and country and work to promote solutions. The Art of Advocacy Advocacy is the active support of a cause and the attempt to persuade others. Successful advocates must be organized, use effective methods of communication, and chose the appropriate level of government to which to address their particular issue.

Lobbying Lobbying is an attempt to influence lawmakers to vote a certain way. Lobbying is protected by the U.S. Constitution because it involves the right to free speech and other first amendment protections. Anyone can be a lobbyist and try to convince lawmakers to vote for or against a particular issue. Some businesses and organizations hire professional lobbyists to advocate their positions. Some people are concerned that individuals and special interest groups use the lobbying process to buy the laws they want. However, others say that lobbying is an effective strategy for groups to make their voices heard.

Voting Voting is a basic constitutional right. In general, eligible citizens in a democracy elect representatives to act on their behalf when making and enforcing laws. However, some procedures allow voters to directly determine particular laws. An initiative allows voters to petition to propose a new law. A referendum allows voters to decide whether or not a proposed law should be passed. Some people believe that initiatives and referendums allow voters to be more involved in the democratic process.

However, others fear that these tools are inefficient for a variety of reasons. Qualifications to Vote To vote in the United States, you must be at least 18 years old, a U.S. citizen, and a resident of the district in which you want to register. Federal law prohibits voting by non-eligible voters or registering in more than one district. It is also important for voters to be informed about the candidates and their positions in order to make a wise decision. Registration Today, registering to vote is easy, but this was not always the case. In the past, African Americans, women, Native Americans, and people below the age of 21 were prevented from voting. In 1971, the Twenty-sixth Amendment to the Constitution lowered the official voting age from 21 to 18. In many states, people who have committed serious crimes are prevented from voting, even after release from jail. Many Americans who are eligible to vote do not register or participate in elections.

Campaign Finance Reform Some people believe that the process of raising money for campaigning must be reformed to limit the influence of money on politics. The goal of campaign finance reform is to prevent corruption in the election process. Campaign finance reform remains a complicated and controversial issue.

Settling Disputes Conflict can sometimes cause problems, but it can also be productive if handled in a responsible way. The goal of our legal system is to settle as many disputes as possible outside the courts. Going to court can be time consuming and costly and often results in continuing tension between the parties. Methods for Solving Disputes There are three common methods used to settle disputes outside of court – negotiation, arbitration, and mediation.

Negotiation Negotiation is the most informal. In negotiations, people involved in a dispute discuss their problems and try to reach an agreeable solution. Successful negotiating is an important skill that can help you in almost everything you do. Arbitration Arbitration is a more formal process in which disputing sides agree to have a third person listen to their arguments and make a decision for them. In this case, the arbitrator acts like a judge by declaring a solution for the disputing parties. However, the arbitrator may have more flexibility than a judge in devising solutions to problems. Arbitration is a common method for settling contract and labor- management disputes.

Mediation Mediation takes place when a third person, a mediator, helps the disputing parties talk about their problems. Unlike an arbitrator, a mediator does not impose a decision on the parties. Mediation is voluntary and is used to solve a variety of disputes. Some schools use mediators to help solve conflict among students. Negotiation and mediation are based on the notion that the ideas for the solution must come from the conflicting parties. The parties then have a greater interest in making the solution work.

The Court System The United States has a federal court system as well as state court systems. Tribal court systems exist to settle disputes on Native American Reservations, while international courts deal with issues relating to international law and justice. Trial Courts Trial courts listen to testimony from witnesses, consider evidence, and decide the facts in a dispute. In a trial, there are two parties, or sides. In a civil case, the party bringing the legal action is called the plaintiff.

In a criminal trial, the government brings the case and is called the prosecutor. In both civil and criminal trials, the person who must respond to the complaint or charges is called the defendant. Defendants in both criminal and civil cases are guaranteed the right to have a jury hear and decide their case. Once the trial court has made a decision, the losing party may be able to appeal the decision to an appellate court.

Appeals Courts The losing party may ask an appeals court to review the decision made by the trial court. There are no witnesses or juries in appeals court – the lawyers for each side appear before a group of judges to present the legal arguments. When an appeals court decides a case, it generally issues a written opinion. This opinion sets a precedent for future cases, which means lower courts will have to follow the appellate court’s interpretation of the law. This is how courts make law. However, a higher court, such as a state supreme court or the U.S. Supreme Court, has the power to reverse this precedent.

United States Court System

Federal and State Court Systems Many state court systems have the same structure as the federal court system. If you lose your case in a state trial court, you may be able to appeal to an intermediate court of appeals and possibly to the state supreme court. State courts can handle cases that deal with state and federal law In contrast, the federal courts may only hear cases involving federal law or certain cases that involve parties from different states. If you lose a case in a federal district court, you can appeal to a U.S. Circuit Court of Appeals in your region. The court of final appeal is the U.S. Supreme Court.

Tribal Courts Native Americans have certain powers over their reservations, such as the power to regulate family relationships, tribal membership, and law and order on the reservation. Sometimes Congress allows, or delegates, additional authority to tribal courts. The Supreme Court of the United States The U.S. Supreme Court establishes the most important legal precedents. All courts in the U.S. must follow U.S. Supreme Court decisions. There are nine Supreme Court justices. These justices are nominated by the president and confirmed with the advice and consent of the Senate.

International Courts The United Nations established the International Court of Justice, the most important court that enforces international law. The International Criminal Court tries individuals for war crimes and other international crimes.

Lawyers There are more than one million lawyers in the United States. Many work in private practice, while others work for the government, corporations, and public interest organizations. Some lawyers are also law professors, judges, and elected officials. Contrary to popular belief, most lawyers rarely go to court.

When Do You Need a Lawyer? Generally, the best time to seek a lawyer is before a problem occurs. Attorneys can offer advice to help their clients avoid problems or make important decisions. It is especially wise to consult a lawyer when a question of law is involved, if a legal document needs to be drafted, or if you are involved in a legal case.

How Do You Find a Lawyer? There are many resources available to help people find a lawyer to meet their needs. The best way to find an attorney may be to ask for a recommendation from someone who has had to deal with a similar legal issue. You can also look in the telephone book, use a local lawyer referral service, or consult the Martindale-Hubbell Law Directory, which provides general information about almost every lawyer in the United States. If you cannot afford an attorney, there are some options for you.

You may qualify for free legal assistance, or – if your legal problem is of interest to a public interest organization – the organization may agree to take your case free of charge. Attorneys also take some cases on a contingency fee. This means that the attorney will receive a certain percentage of any money the client wins in the case. If the client dies not win the case, the lawyer does not receive any money.

Working With Your Lawyer Trust is essential to the attorney-client relationship. The law grants attorney-client privilege to encourage clients to speak openly and honestly to their attorneys. This privilege prevents a lawyer from revealing the client’s information without permission. Lawyers must also follow certain standards of conduct that are enforced by the state bar association. Clients can file a malpractice lawsuit against an attorney if they believe the attorney has acted irresponsibly and mishandled the case.

Civil Law An overview of Tort Law – the largest branch of civil law Highlight the differences between tort law and criminal law How torts developed historically Various circumstances under which a person can sue or be sued The processes by which torts are adjudicated The role of insurance in tort law

Torts: A Civil Wrong The Idea of Liability Under criminal law, wrongs committed are called crimes. Under civil law, wrongs committed are called torts. In civil cases, the injured party (the plaintiff) can sue the person believed to be legally responsible for the harm (the defendant). Tort law establishes an expectation that people should act with responsible care toward other people and their property. A defendant found responsible for injuring the plaintiff will usually be ordered to pay the plaintiff money, called damages.

Damages are meant to compensate the plaintiff for any financial, physical, or emotional costs associated with the injury. The plaintiff does not always need to sue in order to receive damages. Often the two parties can meet and make an agreement – or settlement – on compensation for the injury.

The Idea of Torts: Yesterday, Today, and Tomorrow Tort law has changed over time to reflect changes in society and its values. State courts handle most tort cases. Tort law is generally based on common law, which is created through court decisions written by judges. Tort law can also be based on written laws, known as statutes, which are passed by state legislatures.

Types of Torts There are three major types of tort liability – intentional wrongs, acts of negligence, and strict liability. An intentional wrong occurs when a person purposefully harms another person or his or her property. Negligence – the most common unintentional tort – occurs when one person unintentionally inflicts injury upon another person. Even though the injury was not intentional, the person who caused injury can still be held liable for acting carelessly and causing harm. Strict liability requires people engaged in certain dangerous activities to assume extra responsibility for the consequences of their actions.

Taking Your Case to Court Tort law deals with disputes between individuals or groups of individuals. Unlike criminal law, the government is not responsible for bringing the case to court, and defendants never go to prison. While both criminal law and tort law require substantial evidence to prove the defendant is responsible, criminal cases require more convincing evidence. Although a tort and a crime are different legal actions, the same harmful activity can sometimes be both a crime and a tort.

Almost anyone can be sued. Employers may be responsible for many of the torts committed by their employees, and in some states parents can be sued if it can be proven that the child acted unreasonably for a person of that age. A class action suit occurs when a group of plaintiffs sues a defendant as a group.

Insurance Liability insurance is an agreement in which the insured person makes regular payments to an insurance company. In return, the insurance company agrees to pay for certain damages the insured person might cause. Liability insurance protects doctors, lawyers, manufacturers, homeowners, and drivers. Although many types of insurance exist, very few insurance policies cover a person who has committed an intentional harm.

Intentional Torts Intentional torts are actions taken with the intent to harm another person or another’s property. The intent to harm does not have to be hostile or immoral. The law of intentional torts requires that the person causing the harm either knew or should have known that his or her actions would result in harm. Types of Damages A victim of an intentional tort can recover damages. There are three types of damages – compensatory, nominal, and punitive.

Damages that pay, or compensate, an injured person for being harmed are called compensatory damages. They may include costs that have resulted or are expected to result from the injury. If a plaintiff is unable to show financial loss, the jury may award nominal damages. Nominal damages involve a small amount of money that the defendant must pay in order to show that the defendant was wrong. Punitive damages are awarded to punish a defendant whose actions were malicious, willful, or outrageous. Juries usually decide how much money is appropriate.

Torts That Injure Persons One category of torts is torts that cause injury to persons. These types of torts include battery – in which a person intentionally makes contact with another person in a harmful or offensive way – and assault – which occurs when a person intentionally causes someone to fear immediate harm. Other examples of torts that injure persons are infliction of emotional distress, false imprisonment, and defamation. Defamation includes acts that harm a person’s reputation. Slander is the intentional attack on someone’s reputation through spoken words that are false. Libel is intentionally writing untruthful information to injure another person’s reputation.

Torts That Harm Property Intentional torts may harm a person’s real, personal, or intellectual property. Trespass is a tort in which a person enters another person’s private property without permission. A nuisance is a tort that occurs when someone interferes with your ability to use and enjoy your own property, even if the person has never physically entered your property. The tort of conversion occurs when someone unlawfully takes, damages, or interferes with another’s personal property.

Patents and copyrights exist to protect the ideas, inventions, and creative works of an individual. A person who interferes with someone’s patent or copyright through unauthorized use of the ideas may be found guilty of the tort of infringement.

Defenses to Intentional Torts There are certain defenses a person may use to try to prove that he or she should not be found liable for an intentional tort. These reasons include consent, privilege, self-defense, and defense of property. Consent is the most common defense to a tort. The defendant argues that the plaintiff agreed to the harmful conduct and should not be able to sue. Privilege justifies behavior that would otherwise be a tort when it serves the public interest. Self-defense and defense of property justify the use of certain force to protect one’s person or property.

Negligence Tort law establishes standards for the care that people must show to one another. Negligence is the conduct that falls below this standard. Negligence law is concerned with paying victims for injuries that have been caused by someone else’s negligence. Elements of Negligence Negligence applies to many kinds of wrongful conduct. Four elements must exist for a plaintiff to win a negligence action – duty, breach of duty, causation, and damages. The plaintiff must prove all of these elements in order to be successful in a negligence claim.

Duty and Breach Everyone has a general duty to exercise reasonable care toward other people and their property. If a person acts unreasonably, he or she has breached the duty of care. In order to judge whether or not a person’s conduct is reasonable, the law asks: Would a person of average intelligence an general regard for others have acted in the same way? If the answer is no, then the person’s behavior was unreasonable. The law assumes that reasonable people do not break the law.

Certain professionals, such as doctors, pilots, and plumbers, are held to the standards of reasonably skilled professionals in their field. Even minors are liable for the torts they commit. However, when deciding the reasonable conduct of a minor, the law usually compares a minor’s conduct with other individuals of the same age, intelligence, and experience.

Causation In order to prove causation, there must be proof that the defendant’s actions actually led to the harm suffered by the plaintiff. The element of causation is broken down into two separate issues – cause in fact and proximate cause. If the harm would not have occurred without the wrongful act, then the act is the cause in fact. To prove proximate cause, there must be a close connection between the wrongful act and the harm caused. The harm that resulted must have been foreseeable from the wrongful act.

Damages The basic idea behind damages is that the plaintiff should be restored – in the form of money –to his or her original position before the negligence occurred. Courts allow plaintiffs to collect for medical bills, lost wages, pain and suffering, and other loses.

Defenses to Negligence Suits Even when a plaintiff can prove all of the elements of negligence, the defendant may be able to raise a valid legal defense. Most states allow a defense called comparative negligence. In comparative negligence the defendant and the plaintiff split the loss according to how much each person was at fault. For example, if a judge decides that a plaintiff was 60 percent responsible for injuries and the defendant only 40 percent responsible, each would only pay that particular percentage. As another legal defense, the defendant may argue that the plaintiff assumed the risk of the harm and should therefore be held responsible for the resulting injury.

Strict Liability Strict liability means that the defendant is liable to the plaintiff regardless of fault. In some situations, even if the defendant acted in a reasonable manner and took all necessary precautions, he or she may still be liable. Strict liability is applied when ultra hazardous activities, dangerous animals, or manufacturers of defective products cause harm. To win a strict liability case, the plaintiff must prove only causation and damages.

Dangerous Activities Strict liability applies to activities that are unreasonably dangerous. Activities are considered unreasonably dangerous when they involve a risk of harm even when reasonable precautions are taken. Although these activities may be socially useful or necessary, those who conduct them may be held strictly liable. Companies conducting dangerous activities know that they are strictly liable for the harm they cause. Therefore, they build this cost into the price they charge for the work.

Animals The law traditionally has held owners responsible for any harm caused by their untamed animals. However, the situation differs for household pets. The defendant is held strictly liable only if he or she had reason to believe the pet was dangerous to others. Even when strict liability does not apply, the negligence standard still may be used to hold owners of household pets liable for the harm they cause.

Defective Products Product liability is the legal responsibility of manufacturers for injuries caused by defective products. Strict liability for product manufacturers is meant to encourage manufactures to design safe products, test them before placing them on the market, and provide clear directions and warning areas. The cost companies incur for product research, safety features, and insurance is usually passed on to the consumer in the form of higher product prices.

Defenses to Strict Liability There are very few defenses in strict liability cases. The defendant’s best strategy may be to argue that he or she should be held to a negligence standard rather than a strict liability standard. A negligence standard could work in the defendant’s favor because negligence is harder to prove than strict liability. A defendant may also try to show there was no causation or that no damages were caused to the plaintiff. Manufacturers may also have a defense if the consumer used the product incorrectly or inappropriately.

Torts and Public Policy As a matter of public policy, tort law should compensate harmed victims promptly and efficiently, ensure that victims receive the compensation from the responsible defendant, and deter future risky behavior. Many people criticize the current tort system for various reasons, including unreasonably high awards to plaintiffs; the expense, length of time, and complexity involved in tort suits; and difficulty in determining who is at fault.

Tort Reform Tort reform is a movement that has developed to address people’s concerns about the tort system. Some efforts at reform target the actual process involved in settling tort claims. One effort is to try to convince the parties to settle out of court to avoid a lengthy and expensive trial. Other tort reform efforts focus on placing limits on how much a plaintiff can collect. These may include limits for damages awarded for pain and suffering or that make it more difficult for a plaintiff to collect punitive damages. Punitive damages are meant to punish a defendant rather than compensate a victim.

Medical malpractice is an area of tort reform that is particularly controversial. As tort awards increase in number and size, insurance premiums paid by doctors and hospitals have increased. Eventually, this cost is passed on to patients, driving up the already–high cost of medical care. Competent doctors sometimes are driven out of business due to the high cost of their insurance. Some people believe this situation must be addressed, but others argue that it is important to have a system that allows patients who have suffered harm to recover adequate damages.

The Cost of Safety Safety is not free. There is almost always some cost involved when precautions are taken to make an activity safer. When a company takes safety precautions or is forced to pay for the injuries caused by its products, those additional costs are passed on to consumers. Therefore, we all pay for the cost of safety.

Consumer and Housing Law The practicalities of consumer and housing law Covers numerous topics – such as contracts, consumer protection laws, and credit – that will eventually affect all students directly in their daily lives Emphasize both rights and responsibilities of consumers, giving students the tools they need to protect themselves and to manage their finances effectively Guide students in developing the skills that will make consumer and housing law work for them

Contracts A contract is an agreement between two or more people to exchange something of value. A contract legally binds the parties to uphold their end of the bargain. A party breaches, or breaks, the contract by failing to live up to the promise.

Elements of a Contract A legally binding contract must have three elements – an offer, an acceptance, and an exchange of consideration. There must be an offer by one person and an acceptance by another. The offer must be made to a specific person, and that person must accept the offer on the proposing party’s terms. To have a valid contract, there must also be an exchange of something of value. The item of value is called consideration.

In order to be bound to a contract, the parties forming it must both be competent and aware of the conditions agreed upon.

Minors and Contracts A minor is a person under the legal age of adulthood, which is 18 in most states. Minors may make contracts, but they generally cannot be legally held to their terms. For this reason, many stores require minors to have an adult cosigner who will assume responsibility if the minor cannot meet the contract’s terms. Even without a cosigner, however, a minor may be held to contracts involving certain necessary items, such as food or shelter.

Written and Oral Contracts Most contracts may be either in writing or spoken (oral). Some contracts, however, must be in writing in order to be enforceable in court. These include contracts for the sale of land or real estate, contracts to buy or sell items that are worth $500 or more, and agreements to pay money that someone else owes. A written contract provides better evidence of the terms the parties agreed to than an oral contract.

Illegal Contracts Contracts will not be enforced by the courts if they involve illegal activities. For example, if you agreed to pay $50 in exchange for an item and the seller never gives it to you, you could go to court to make the seller deliver the item as promised. However, if the item you were trying to purchase was illegal drugs, the courts would not enforce that contract. Although the law will not protect you from making a bad deal, there are some rare cases in which courts find the terms of a contract so unfair to one of the parties that they refuse to enforce them. Fraud and misrepresentation are other reasons courts may refuse to enforce a contract.

Warranties A warranty is a seller’s guarantee about the quality and performance of goods and services. The warranty may also include a statement of what the seller or manufacturer will do if a problem occurs. If the seller does not honor the warranty, the seller has breached, or broken, his or her contract with the consumer.

Express Warranties An express warranty is a written or oral statement concerning the quality, or performance, of goods offered for sale. This statement becomes part of the bargain between the parties. For example, a salesperson who says that a certain TV will not require repairs for five years has offered an express warranty that is enforceable by law. However, not everything the seller says is an express warranty. A seller’s mere opinion or an obvious exaggeration - called puffing – will not be enforced.

Implied Warranties Even if there is no written warranty, the consumer still has protections if the item fails to work properly or for an adequate length of time. An implied warranty is an unwritten promise, created by law, that ensures a product will do what it is supposed to do. In this way, the law requires that products meet certain standards. Implied warranties do not apply to goods sold by a casual seller, such as a friend selling a used video game.

There are three types of limited warranty: A warranty of merchantability is an unwritten promise that the item sold is at least of average quality for that type of item. A warranty of fitness for a particular purpose exists when a consumer tells a seller what the specific purpose of the item will be. A salesperson who sells an item with this knowledge has created an implied warranty that the product will work for the stated purpose. A warranty of title is a seller’s promise that he or she owns the item being offered for sale and is not selling stolen property.

Disclaimers A disclaimer is an attempt by the seller to limit responsibility to the consumer in case anything goes wrong. Sellers can usually disclaim the implied warranty of merchantability as long as the disclaimer is easily visible and is written in terms that can be easily understood by the average consumer.

Credit and Other Financial Services Consumers can pay for goods and services using cash, checks and debit cards, or credit cards. Each payment method has certain pros and cons that are important to know. The Basics About Bank Accounts Checking and saving accounts are the primary types of bank accounts. To withdraw money from a checking account, a person may write a check, withdraw cash from an automatic teller machine (ATM), or use a debit card (which automatically withdraws money from a checking account).

Consumers may also place money that they do not want to use on a daily basis into a savings account where it can collect interest. ATM and debit cards offer the convenience of a credit card without the interest rates and fees often associated with credit cards.

An Introduction to Credit Using credit means buying goods and services now and paying for them later. When you use credit, you are borrowing money in exchange for a promise to pay in the future. People who lend the money are called creditors, and those who borrow it are called debtors. Debtors usually pay additional money, in the form of interest, for the privilege of borrowing the money.

Paying for College Student loans allow college and graduate students to borrow money at reasonable rates in order to afford the cost of tuition and related expenses. These loans are often a person’s first exposure to managing credit and debt.

The Cost of Credit Credit is not free. The cost of credit includes interest and finance charges, as well as other charges that may be added. Consumers should be careful to avoid costly credit agreements that unfairly benefit the creditor at the debtor’s expense.

What Lenders Want to Know Before Extending Credit Lenders require certain information from consumers before they will extend credit to them. They do this to insure that their debtors will be able to repay their loans in the future.

What to Do If You are Denied Credit Your credit file is used by lenders to decide if you are a good candidate for a loan. If you are denied credit, you have a right to access your credit report to understand the reason for the denial. There may be steps you can take to establish credit or improve your credit rating.

Default and Collection Practices A consumer defaults on loans when he or she fails to make a scheduled repayment to the creditor. There are several options for consumers who are having trouble paying their debts, the most drastic of which is declaring bankruptcy. Creditors also have options for collecting money from consumers who cannot or will not pay their debts. These include phone calls and letters, repossessing certain property, and court action. Lenders may not, however, resort to intimidation or harassment to collect payments.

Deceptive Sales Practices Door-to-Door and Telephone Sales Most sellers who telephone or go to people’s homes to sell items have honest intentions to offer products and services that people need However, there are some door-to-door and telephone salespeople who place intense pressure on people to buy items they do not really want or that may not even exist. State and federal laws give consumers protection from these kinds of practices and some of the unfair deals that could result.

Referral Sales A seller may tell consumers that they can save money by telling other customers to buy items from that seller. The consumer then enters into a sales contract that explains the details of this arrangement. Sellers like this practice, called a referral sale, because it gets them more business without advertising. Consumers should generally avoid this type of arrangement.

Advertising and the Consumer Advertising is everywhere. Advertising is a sales tool that can educate customers about products and help the economy by encouraging people to make purchases. The First Amendment to the Constitution protects most advertising as a form of free speech. However, companies are not free to lie to consumers about their products. The government can prohibit and punish false or misleading advertising.

As long as they are not misleading, certain exaggerations about a product, called puffing, are allowed even if they are not exactly true. Is this protected by the 1 st Amendment?

Bait and Switch Bait and switch is a deceptive advertising practice in which the “bait” gets the customer to buy a particular item, and then the seller tries to “switch” the customer to a more expensive item. Federal rules prohibit this type of practice.

Mail-Order Sales Mail-order shopping is a convenient way for customers to shop from home. However, mail-order shopping can cause problems when the wrong items are sent or the products are damaged in the mail. There are federal laws that give you the right to know when your item will be shipped.

Internet Commerce E-commerce refers to sales and purchases that take place over the Internet. Although it is very convenient, it is important to be careful that the information you provide on the Internet, such as a credit card number, is handled securely.

Repairs and Estimates Because even the highest quality items can sometimes require repair, you should investigate the return, replacement, and repair policies before making a purchase. It is also important to do some research and ask the right questions when you bring an item to a repair shop to ensure that you are not charges for unnecessary services.

Becoming a Smart Consumer Influences on Consumers Smart consumers are knowledgeable about the process of selling goods. They also analyze their own shopping habits – whether they need a product, whether they can afford it, and how they can make the best possible decisions when purchasing that product. Often, consumers buy things in response to advertising.

Today, an increasing amount of advertising is directed at teens because they represent the age group with the most disposable income. Consumers must realize that advertising is meant to make a product seem more desirable and may influence them to purchase a product that they do not really want or need.

Consumer Protection All levels of government provide certain protections to consumers. Congress has passed laws that protect consumers by prohibiting unfair practices (such as false advertising), ensuring the quality and safety of products, establishing agencies that help consumers protect their rights, improving the operation of the market, and protecting consumers against discrimination on the basis of disability. Many states also have laws that give the government the power to stop unfair practices and provide consumers with remedies if they have been wronged.

Protecting Your Rights as a Consumer There are several strategies that can help consumers avoid problems when buying a product or service. For example, when making purchases, consumers should compare several different brands and stores to make sure that they get the best deal. Consumers should also read the warranty to learn the company’s policy toward quality assurance, returns, and repairs.

A consumer unable to solve a problem by contacting the seller or manufacturer may seek the help of one of the federal or state consumer protection agencies. Better Business Bureau 30555 Southfield Road Southfield, MI 48076 (248) 644-9100 (248) 644-5026 FAX www.bbb.org www.bbb.org Committee on Consumer Protection Michigan House of Representatives P.O. Box 30014 Lansing, MI 48909 (517) 373-2577 (517) 373-5946 FAX Michigan Chamber of Commerce 600 South Walnut Street Lansing, MI 48933 (517) 371-2100 (517) 371-7224 FAX www.michamber.com www.michamber.com Michigan Consumer Federation 115 West Allegan Street Lansing, MI 48933 (517) 482-6262 Michigan Department of Attorney General 525 West Ottawa Street, Seventh Floor Lansing, MI 48913 (517) 373-1140 (517) 335-1935 FAX www.ag.state.mi.us www.ag.state.mi.us Michigan Department of Consumer and Industry Services 525 West Ottawa Street, Fourth Floor Lansing, MI 48913 (517) 373-1820 (517) 241-1580 FAX www.cis.state.mi.us www.cis.state.mi.us

Direct Action by Consumers Direct action is a strategy that gives consumers a voice to try and make an impact on a business’s practices. These actions may include writing letters, refusing to buy certain products or brand names, holding press conferences, or picketing.

Taking Your Case to Court If you cannot settle your complaint and a consumer agency is unable to help, legal action may be necessary. If the seller’s practices are a crime, the seller may be charged in criminal court. If the seller has not committed a crime but has caused a consumer financial or personal injury, the consumer may receive compensation through an action in civil court.

Cars and the Consumer An automobile is one of the most important purchases many people will make. Many legal issues are involved in buying, leasing, maintaining, and selling an automobile. Comparison shopping, contracts, warranties, and credit are important concepts related to automobiles.

When shopping for a car, you should consider at least six characteristics: Safety Price Quality Warranty Fuel Economy Insurance Costs It is not enough to only compare vehicles in terms of price. The car’s safety features, fuel economy, insurance costs, and dealer’s capability to make repairs should all be compared in the same manner as price.

Federal law now requires even used cars to show a “Buyer’s Guide” in the window of every vehicle. Most new-car buyers and many used-car buyers make their purchase on credit. Buyers may select the length of the repayment schedule – the longer the repayment period, the lower each monthly payment will be. However, the longer you are in debt, the more interest you end up paying. Interest rates are generally lower on new cars than used cars.

Car dealers, banks, credit unions, and finance companies all generally offer automobile financing. Rather than buy a car, a person may chose to lease one. Under a lease agreement, the consumer does not own the car, but instead pays a monthly fee to drive the car for a certain period of time. Sometimes the consumer chooses to purchase the car at the end of the lease. More often, though, the consumer returns the car to the leasing company. The lease agreement usually includes restrictions on mileage and wear and tear.

The leasing company imposes these restrictions because it wants to get the car back in a certain condition in order to re-sell or re-lease the vehicle to another consumer. Typically, monthly lease payments are lower than monthly finance payments. However, with leasing, you do not own the car at the end of the payment period. When budgeting to purchase a car, you must remember to consider the cost of fuel, repairs, license and registration fees, taxes, and auto insurance, in addition to the purchase or leasing price of the vehicle.

Housing and the Consumer Families that buy a home generally obtain a loan, called a mortgage, to help finance this large purchase. Due to the large expenses associated with buying a home, most young people choose to rent an apartment or house when they begin living on their own.

Leases: A Special Kind of Contract The relationship between the person who owns a property (landlord) and the person who pays to us e the property (tenant) is created by a contract called a lease. The lease usually includes the date the tenant will move in, the amount of the rent, and the length of the lease. It is important to inspect a property thoroughly and read the lease carefully before signing a rental agreement.

Landlord-Tenant Negotiations Negotiating with a landlord about rent and lease terms may be hard, but this should not discourage you from trying. It is important to convince the landlord that you are a good tenant who can be trusted to pay the rent on time, prevent unnecessary damage to the property, and not be a disturbance to neighbors. The landlord, in turn, has certain obligations to you as a tenant, including to treat you fairly and take responsibility for major maintenance and repairs.

Homelessness: Is There a Right to Housing? Most experts agree that the leading cause of homelessness is a lack of affordable housing. Many people who need homes do not have enough money to rent or purchase one. Although the U.S. Constitution does not include a right to housing, some state constitutions have been interpreted to include such a right. Michigan is not such a state.

Juvenile Law In the United States, juveniles who are in trouble with the law are treated differently from adults. History and Overview of Juvenile Courts Reformers in the mid-1800s believed that parents’ failure to teach their children proper values and respect for authority led to juvenile delinquency. Therefore, the reformers proposed a separate juvenile court system to assume parents’ responsibility and discipline juvenile offenders.

This separate court sought to rehabilitate, or help juveniles make better decisions, rather than punish. Today, juvenile courts generally handle three groups of juveniles – delinquent offenders, or youths who have committed acts that would be crimes if adults had committed them; status offenders, or youths who have committed acts that would not be crimes if committed by adults; and neglected and abused children. Who is a juvenile? Almost all states set age limits to determine whether a person accused of a crime will be handled in an adult or juvenile court.

In most states, young people are considered juveniles if under the age of 18, However, some states set the age limit at 16 or 17. In most states, a juvenile charged with a serious felony can be tried as an adult. Websites of interest: http://www.ncjj.org/stateprofiles/profiles/MI06.asp http://www.legislature.mi.gov/(S(llgb1q55zic5dp4 5q2bamq45))/mileg.aspx?page=mclbasicsearch

Status Offenses Juveniles who are considered status offenders are generally charged with being “beyond control.” Their offenses may include repeatedly running away or skipping school, being habitually disobedient, or problems with drugs and alcohol.

Juvenile Justice Today The U.S. Supreme Court has ruled that juveniles charged with delinquent acts are entitled to many of the same rights as adults charged with a crime. This includes: The right to be notified of the charges against them The right to an attorney The right to confront and cross-examine witnesses The right to remain silent Juveniles, like adults, must be found guilty beyond a reasonable doubt.

Activity/Assignment Using the site, “Juvenile Justice: A Century of Change,” please complete a timeline illustrating the history of juvenile law in America. http://www.ncjrs.gov/html/ojjdp/9912_2/contents.html As the Nation moves into the 21st century, the reduction of juvenile crime, violence, and victimization constitutes one of the most crucial challenges of the new millennium. To meet that challenge, reliable information is essential. Juvenile Offenders and Victims: 1999 National Report offers a comprehensive overview of these pervasive problems and the response of the juvenile justice system. The National Report brings together statistics from a variety of sources on a wide array of topics, presenting the information in clear, nontechnical text enhanced by more than 350 easy-to-read tables, graphs, and maps. This Bulletin series is designed to give readers quick, focused access to some of the most critical findings from the wealth of data in the National Report. Each Bulletin in the series highlights selected themes at the forefront of juvenile justice policymaking and extracts relevant National Report sections.

Juvenile Justice Glossary 5th Amendment - Amendment that guarantees citizens the right to trial by jury, and the right to withhold self- incriminating statements. 14th Amendment - Amendment that guarantees citizens equal treatment under the law by due process trial rights. Adjudicate - To remove a case through judicial decision. Many juvenile justice cases are heard without the assistance of a jury. In such cases the judge will hear the case and prescribe the best course of action, thus "removing" it from the court. Aftercare - The probationary period following a youth's release from a juvenile facility. During this time the youth's behavior will be followed by the juvenile court, and he or she may be required to meet specific probationary obligations. Concurrent jurisdiction - If a crime falls under the jurisdiction of both the juvenile court and the criminal court, the prosecutor has the liberty to decide where to file the case. Confidentiality protection - A youth's records may be made available to schools, youth agencies, law enforcement officials, prosecutors, victims, and the public only under certain, specified circumstances. Juvenile confidentiality is guarded by each state's provisions. Consent decree - A youth who has admitted to committing delinquent acts may have his case dismissed by fulfilling obligations to the court and the injured party. These obligations are set out in a consent decree and often include restitution, mandatory curfew, increased school attendance, and rehabilitation. Criminal court - U.S. criminal courts have traditionally dealt with adults accused of committing criminal acts. Increasingly, however, juveniles are being tried in criminal court. Deinstitutionalization - The Juvenile Justice and Delinquency Prevention Act of 1974 called for a "deinstitutionalization" of juvenile status offenders, requiring them to be removed from secure detention facilities. Throughout the history of the juvenile justice system, numerous movements have been formed to ensure that youths are not unnecessarily kept in secure detention and correctional facilities. Delinquency petition - A petition filed by a prosecutor asking for a youth to be declared "delinquent" by the juvenile court. An adjudicatory hearing will determine if the youth is culpable. Disposition hearing - Scheduled if a youth has been found delinquent by the juvenile court. The probation officer, prosecutor, and juvenile are permitted to propose disposition strategies. Recommendations frequently include drug rehabilitation, limited (weekend) confinement, restitution, and residential placement. Informal disposition - Held when a youth admits guilt to a crime in an informal juvenile hearing. During the disposition, the requirements of the court are laid out in a consent decree. Judicial waiver - A judge may waive the juvenile court's authority over certain cases, sending them to be heard in criminal court. Juvenile delinquency - A delinquency act is an act that would be considered criminal, if not for the fact that it was committed by a juvenile. A juvenile is defined in the U.S. Code as a person under the age of 18.

Kangaroo court - (Slang) term referring to a court that falls short of legal standards. Critics questioning the legitimacy of juvenile courts have referred to them as kangaroo courts. LEAA - Law Enforcement Assistance Administration Mandatory waiver - Under mandatory waiver laws, a juvenile court receives and reviews a case but, under certain circumstances, is required to transfer it to criminal court. NIJ - National Institute of Justice NIJJDP - National Institute for Juvenile Justice and Delinquency Prevention OJJDP - Office of Juvenile Justice and Delinquency Prevention Parens patriae - Translates roughly to "state as parent." This is the idea that the state has a responsibility to play a parental role to youths who have been neglected by their parents. PPO - Police Probation Officer Prosecutorial transfer - In cases under the concurrent jurisdiction of the juvenile and criminal courts, the prosecutor may use his or her discretion to decide where to try the case. Some restrictions have been established to guide prosecutorial transfers. Reformatory - Prior to the formal establishment of the Juvenile Justice System, delinquent youths were placed in privately run reformatories. Reformatories are generally geared toward rehabilitating and educating youth. Reverse Waiver - A youth being tried in the adult system may request to be transferred into the juvenile justice system. Status offender - A juvenile who has committed an act that is only considered a law violation because of his or her status as a juvenile. Some examples of status offenses are underage alcohol consumption, truancy from school, general "ungovernability," violation of curfew, and running away from home. Statutory exclusion - State juvenile courts do not have jurisdiction over certain cases. If a youth has been accused of committing a crime outside of the juvenile court's jurisdiction, he or she will deal directly with the criminal court. No transfer of the case through the Juvenile Justice System will be necessary. Waiver petition - A prosecutor or intake officer may petition the court to allow a case normally under the jurisdiction of the juvenile court to be heard in criminal court. Youthful offender - "Youthful offender" status may be given to a juvenile being tried in the criminal justice system. The status usually guarantees that the proceedings will not be open to the public and that after turning 21 the youth's criminal record will be cleared, provided court requirements have been met.

“Fast Facts” Assignment Please go to the web site listed below. Read the sixteen (16) facts pertaining to juvenile crime and comment on each in writing. Do you agree or disagree? React to what is said. Give the reason(s) you feel this way. http://www.njjn.org/fastfacts.html

Federal Government Policy http://ojjdp.ncjrs.org/search/topiclist.asp Using the web site above, select one (1) topic and complete a one-page summary to be shared with the class. Only one person per topic – use the sign-up sheet provided. First come, first served.

Case Study Handouts “Young Killer: Bad Seed or Work in Progress?” “Chris’s Case” “Nathaniel Brazill” “Nathaniel Abraham” “Kids in Prison” – Part I “Teen Fits State Profile” “Girl Roamed the Streets” “10 Years in Prison” “Trouble for Young Felons” Kids in Prison” – Part II “Inmates’ Security” “Fatal Assault” Each of these cases will be read aloud in class, discussed and written opinions will be submitted by each student.

Boot Camp for Troubled Teens Youth boot camps are the modest versions of military camps with designed programs for troubled teens. The principles and programmed adhered to in the camp are strict enough to compel obedience but gentle enough to be leveled to the youths' personalities and comprehension. Unlike the juvenile detention centers, youth boot camps avoid brutal degradation and humiliation, and absolute punishments which are no longer apt to the youth. Using the internet, research “boot camps,” find out as much as you can, decide whether or not you think they are a good idea, and write a short summary of your findings. Five paragraphs is plenty. Be sure to cite your sources.

Criminal Law An overview of criminal law Explore the nature of crime Current issues in criminal law including gangs, guns and computer crimes Variety of crimes and defenses Learn about the criminal process from the investigation phase through sentencing and corrections

Crime in America The Nature of Crimes A crime is something that does or fails to do that violates the law. The government establishes penalties for such behavior. Crime rates are influenced by many factors, although many people disagree about the causes of crime and the best solutions to the problem.

In recent years, crime on high school and college campuses has become a serious problem. Crime is costly --- in addition to the loss of life and property, it costs the government a great amount of money to prevent, investigate, and prosecute crime.

Gangs and Crime Gangs are active in towns and cities of all sizes throughout the country. Gangs expose their members and their communities to extreme violence and danger. Many youths join gangs because gangs offer a sense of belonging and an opportunity to earn money. Most people agree that a promising strategy to discourage gang membership is to provide young people with opportunities and community connections that will offer them a greater sense of belonging.

Guns and the Law Most Americans who own firearms own them legally and use them lawfully. However, guns are often used in violent crimes. Many people disagree about the government’s role in controlling gun ownership. Some groups believe the Second Amendment protects the right of individuals to own guns. Other people believe that the Second Amendment gives the state power to maintain a militia but does not entitle individuals to own guns.

The Federal Gun Control Act of 1968 is the primary gun control law. Congress amended this law in 1993 By enacting the Brady Act. What is this? Gun laws have also been enacted at the state and local levels. What are the gun laws in Michigan?

Substance Abuse and Crime Abuse of alcohol and drugs, often called substance abuse, contributes to many social problems and often leads to other criminal activity. Although many adults use alcohol responsibly, alcohol abuse can be very harmful to society.

Some people argue that the best way to handle the drug problem is to legalize some or all drugs. They believe legalization would allow the government to better regulate drugs and would eliminate the problems that are associated with illegal distribution of drugs. Many others, however, strongly oppose legalization.

Victims of Crime Every person is at risk to be a victim of crime. Teens and young adults are more likely than any other age group to be victims. Preventing and Reporting Crime You can help fight crime by learning how to protect yourself. Also, reporting crime can help to prevent others from being victims. There are many organizations and programs that exist to assist victims of crime and prevent future crime.

Introduction to Criminal Law General Considerations Every crime is made up of certain elements. At trial, each element of a particular crime must be proven beyond a reasonable doubt in order to convict a person. A single act can be both a criminal and a civil wrong. For example, the state can prosecute and punish the person for the crime, and the injured person can sue for damages in civil court. OJ!!!

State and Federal Crimes Both the federal and state governments have criminal laws. Some acts can be prosecuted only in state courts while other acts can be prosecuted only in federal courts. Certain crimes that violate both state and federal law can be prosecuted in either state or federal courts.

Classes of Crime Crimes are separated into two categories based on their severity and the punishments attached to them. A felony is a crime that carries a potential sentence of more than one year. Felonies are usually more serious crimes. A misdemeanor is any crime that can result in a prison sentence of one year or less.

Parties to Crime The person who commits a crime is called the principal. An accomplice is the person who helps the principal commit the crime. The accomplice can be charged with the same crime as the principal. A person who helps organize the crime but is not present when it occurs is called an accessory before the fact. This person can usually be charged with the same crime as the principal. An accessory after the fact is a person that learns about a crime after it has occurred and helps the principal or accomplice to avoid capture. This person is not charged with the original crime but may be charged with harboring a fugitive or obstructing justice.

Crimes of Omission Most crimes occur when a person does something that violates the law. In a few cases, however, failing to act may be a crime if the person had a legal duty to act. This type of failure to act is known as omission. A crime of omission is a failure to act. An example of a crime of omission is the failure of parent to adequately care for his or her child, also called “child neglect”. You commit a crime of omission when you……

Preliminary Crimes Certain actions take place before a crime is committed. These acts can be punished even if the crime is never completed. Three examples of preliminary crimes are solicitation, attempt, and conspiracy. Solicitation involves one person asking another to participate in a crime.

To be convicted for attempt, the accused person must have both intended to commit a crime and have taken a “substantial step” toward committing crime.

Conspiracy is an agreement between two or more people to commit a crime. Police cannot arrest people for merely discussing a crime - - - the people must have taken obvious steps toward completing the crime to be guilty of conspiracy.

Crimes Against the Person Crimes against the person include homicide, assault, battery, and rape. They are all serious offenses than can result in harsh punishments. Homicide - - - the killing of one human being by another - - - is classified as criminal or noncriminal. Murder is the most serious form of criminal homicide. It may be classified as first-degree, felony murder, or second-degree, depending on the level of premeditation that preceded the crime.

In voluntary manslaughter, the killer loses control in response to the victim’s actions. Although the is still responsible for the killing, the law recognizes that the killer had an altered state of mind that may have prevented him or her from acting rationally. Involuntary manslaughter is an accidental killing resulting from a person’s careless behavior toward others. Car accidents that result in a death often fall into this category.

Suicide Suicide is the deliberate taking of one’s own life. Most courts generally treat attempted suicide as a plea for help and demand that the individual seek treatment. The courts may order a psychological examination or treatment for someone who has attempted suicide. Suicide is one of the leading causes of death among teenagers.

Assault and Battery The law often treats assault and battery as very similar crimes. Assault is an attempt or threat to carry out a physical attack upon another person. Battery is any unlawful physical contact inflicted by one person upon another person without consent.

Even if actual injury does not occur, a person may be charged with battery if he or she intended to harm the other person. These crimes - - - which include simple assault, stalking, and sexual assault - - - are classified according to how severe they are.

Rape The law generally has recognized rape and statutory rape as separate crimes. Rape is sexual intercourse without consent. Statutory rape is sexual intercourse between an adult and a minor child. Rape laws recognize that either males or females can commit or be victims of this crime. This area of law is in transition, however, as many states are replacing their rape laws with criminal sexual assault laws.

Crimes Against Property The category of crimes against property includes two groups - - - crimes in which property is destroyed and crimes in which property is stolen or taken against the owner’s will. During the late 1990s, there were fewer crimes against property, in part because Americans developed better ways to prevent these crimes.

Arson and vandalism are examples of crimes involving the destruction of property. Arson is the intentional and malicious burning of another’s property. In most states it is a crime to burn any building or structure, even if the person setting the fire is the owner. Vandalism is the willful destruction of or damage to another person’s property. Effects of vandalism include broken windows, graffiti, and damage to cars.

There are many other categories of crime that involve taking property against the will of the owner. Larceny is the unlawful taking and carrying away of another person’s property with the intent never to return it to the owner. Most states identify larceny as either grand or petty. Grand larceny - - - which is a felony - - - occurs when anything above a certain value stolen. Petty larceny is a misdemeanor that involves the theft of anything of small value.

Robbery is the taking from a person’s immediate possession by using force or threats, while burglary is the unlawful entry into any dwelling or structure with the intention to commit a crime. A person who is entrusted with property but then takes it unlawfully is guilty of embezzlement. Extortion, which is also called blackmail, takes place when one person uses threats to obtain another person’s property. The threats may include harm to the victim’s body, property, reputation, or loved ones.

Other crimes against property include forgery, receiving stolen property, and unauthorized use of a vehicle. The Internet has led to an increase in computer crime, which is any unlawful use of a computer or computer technology. It can involve such acts as the use of a computer to make fake identifications or the intentional spreading of a computer virus.

Defenses To win a conviction in a criminal case, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime with the required intent. The defendant does not have to present a defense, but if he or she does, there are a number of possible defenses available.

No Crime Has Been Committed The defendant may decide to try to prove that (1) no crime was committed, or (2) there was no criminal intent because the act was simply committed by mistake. Defendant Did Not Commit the Crime When there is confusion or doubt about who committed a crime, the defendant may try to prove that there has been a case of mistaken identity and that he or she was not the person responsible for the crime.

Defendant Committed a Criminal Act, but the Act Was Excusable or Justifiable Sometimes a criminal act may be considered excusable or justifiable. This type of defense includes self-defense and defense of property and others. The law allows people to use deadly force when their own or someone else’s life is in danger. The law also permits people to use reasonable force to protect themselves, their property, and others from harm.

Defendant Committed a Criminal Act but Is Not Criminally Responsible for His or Her Actions In this type of defense, the defendant acknowledges that he or she committed the act but argues that there are reasons the law should not consider the defendant criminally responsible. The law recognizes several reasons that may excuse a defendant from criminal responsibility. These defenses include infancy, intoxication, insanity, entrapment, duress and necessity.

Criminal Justice Process: The Investigation The criminal justice process includes everything that happens to a person from the moment of arrest, through prosecution and conviction, to release from jail or prison. There are separate state and federal criminal justice systems.

Arrest An arrest takes place when a person suspected of a crime is taken into custody. The police may have an arrest warrant, which shows that a judge agrees there is probable cause for the arrest. To show probable cause, there must be some facts that connect the person to the crime.

A police officer may use as much physical force as is reasonably necessary to make an arrest. However, a police officer who uses too much force or violates a citizen’s rights can be sued under the federal Civil Rights Act.

A police officer does not need probable cause to stop and question an individual on the street. However, the officer must have reasonable suspicion to believe the individual is involved in criminal activity. The reasonable suspicion standard does not require as much evidence as probable cause. Therefore, it is easier for police to stop and question a person than it is to arrest a person.

Search and Seizure The Fourth Amendment entitles each individual to be free from unreasonable searches and seizures and sets forth conditions under which search warrants may be issued. In evaluating Fourth Amendment cases, the courts seek to balance the government’s need to gather evidence against an individual’s right to expect privacy.

Traditionally, courts have found searches and seizures of private homes reasonable only when authorized by a valid search warrant. A search warrant is a court order issued by a judge who agrees that the police have probable cause to conduct a search of a particular person or place. However, there are many circumstances in which searches may be conducted without a warrant.

Even so, these searches must be reasonable under the Fourth Amendment. If a court finds that evidence was collected as the result of an unlawful search, the evidence cannot be used against the defendant at trial. In general, school officials are allowed to search students and their possessions without violating student’s Fourth Amendment rights.

Criminal Justice Process: Proceedings Before Trial Every criminal case goes through several standard proceedings before it reaches court. In some cases, these proceedings eliminate the need for a trial. Booking and Initial Appearance Booking is the formal process of making a police record of the arrest. The accused person first provides some basic information for identification purposes and then is fingerprinted and photographed.

Within a short time of arrest and booking, the accused must appear before a judge. The defendant has an attorney appointed or is given the chance to obtain one. At this stage, the judge decides if the defendant will be released on bail or remain in jail while awaiting trial.

Bail and Pretrial Release Bail is an amount of money that an arrested person puts up in order to be released from jail while waiting for the trial. If the person fails to return for trial, the court keeps the money. Sometimes the court will release a person before trial without requiring bail because there is very little chance the person will attempt to flee.

Information A prosecutor’s information details the nature and the circumstances of the charges brought against a defendant. This information is a formal criminal charge filed with the court based on the information collected during the initial investigation of the case.

Preliminary Hearing A preliminary hearing is a screening process used in felony cases to decide if there is enough evidence to make the defendant stand trial. If enough evidence supports the prosecutor’s case, the defendant will proceed to trial. If the judge finds no probable cause, the case may be dismissed - - - but this does not necessarily mean that the case is over.

Grand Jury A grand jury is used by many states in place of the prosecutor’s information or a preliminary hearing. It is a group of 16 to 23 people who determine whether there is enough evidence to show that a person has committed a crime and should go to trial. Only the prosecutor submits evidence to the grand jury. Neither the accused nor his or her attorney is allowed to appear. A judge is not present and rules of evidence do not apply.

Felony Arraignment and Pleas After an indictment or information is issued, the defendant must appear in court to enter a plea. If the defendant pleads guilty, the judge will set a date for sentencing. If the defendant pleads not guilty, the judge will set a date for trial and ask whether the defendant would like a trial by jury.

Pretrial Motions: The Exclusionary Rule A motion is a formal request that the court make a ruling or take some other action. Common motions include a defendant’s motion to obtain certain evidence from the prosecution, a request for more time to prepare the case, a request for the trial to be held in a different location, or a motion that certain evidence should be excluded at the trial.

Plea Bargaining The plea bargaining process is often used to obtain guilty pleas before trial begins. MOST CRIMINAL CASES NEVER GO TO TRIAL BECAUSE MOST DEFENDANTS PLEAD GUILTY BEFOREHAND. In a plea bargain, the accused often will agree to plead guilty in exchange for a somewhat reduced sentence or charge.

Criminal Justice Process: The Trial The U.S. Constitution entitles accused people with certain rights. Right to Trial by Jury The Sixth Amendment guarantees the right to a jury trial in most criminal cases. However, a jury is not required in every case, and most trials proceed without one.

Jury panels are selected from voter registration (Michigan) or tax lists and aim to be representative of the community. A preemptory challenge allows an attorney to exclude a limited number of jurors without giving a reason. However, the Supreme Court has ruled in a number of cases that a juror may not be excluded on the basis of race.

Right to a Speedy and Public Trial The Sixth Amendment provides defendants with a right to a speedy trial in all criminal cases. Without this requirement, an innocent person might be denied fundamental liberties while awaiting trial in jail for something he or she did not do. The case may be dismissed if the person does not receive a speedy trial. Defendants often waive, or give up, their right to a speedy trial because they may need more time to prepare.

Right to Compulsory Process and to Confront Witnesses Defendants in a criminal case have a right to compel, or force, witnesses to testify through the use of a subpoena – a court order that requires witnesses to testify. The Sixth Amendment also provides defendants with the right to face the witnesses testifying against them and to ask them questions through cross examination.

Freedom From Self-Incrimination The Fifth Amendment protects a defendant from having to testify against himself or herself in a criminal case. The prosecutor cannot use the decision not to testify as evidence of the defendant’s guilt. Regardless of innocence or guilt, defense attorneys often believe it is better that their clients do not take the stand.

Right to an Attorney The Sixth Amendment provides each defendant with the right to an have a lawyer assist with his or her defense. In cases for which imprisonment is a possible punishment, the government provides defense counsel for indigent (poor) defendants.

Criminal Appeals If the jury returns a verdict of “not guilty.” the case is usually over. If the jury finds the defendant guilty, the defense may ask the judge to overturn the jury’s verdict. The defense may also appeal to a higher court, known as an appellate court, claiming that there were legal errors made by the judge during the trial.

Criminal Justice Process: Sentencing and Corrections The final stage of the criminal justice system begins with the sentencing of a guilty defendant by either a judge or a jury. The sentence is a critical decision in the criminal justice process because it can determine the defendant’s fate for years or even for life.

Sentencing Options Most criminal statutes set out basic guidelines for sentencing, but judges generally have considerable say in determining the appropriate sentence for a defendant. Judges may have several options for sentencing. These options include suspending the sentence – or allowing the defendant to serve the sentence at a later time; releasing the defendant to the supervision of a probation officer; and sentencing the defendant to serve his or her time at home.

A judge may also issue a fine, require the defendant to pay back the victim for harm caused, or allow the defendant to work in the community during the day but return to prison at night or on weekends. The most severe sentences a judge may impose are imprisonment and death.

Purposes of Punishment There are four general reasons given for punishing convicted defendants - - - retribution, deterrence, rehabilitation, and incapacitation. Retribution is the idea that punishment should involve some form of payback (“an eye for an eye”). Deterrence is the concept that punishment will discourage others from engaging in future criminal activities.

Rehabilitation is the idea that time in prison will allow the prisoner to change his or her ways and learn how to function as a productive member of society. Incapacitation removes the individual from society in order to make the community safe from the threat he or she posed.

Parole Parole is the release of a convicted person from prison before his or her entire sentence has been served. Parole is a privilege to those convicts who seem to have reformed and appear ready to rejoin society.

Capital Punishment Capital punishment, also known as the death penalty, is a highly controversial topic. The Supreme Court has upheld the constitutionality of capital punishment under certain circumstances.

Corrections There are several treatment and punishment options available to the government, including halfway houses, mental facilities, and prisons. Some aspects of the correctional system also focus on preparing the prisoner to re-enter society.

Family Law Introduce the numerous ways in which laws and government affect them as individuals and as members of families In many ways, family life is private and law is kept at a distance. For example, the law will not interfere when siblings disagree or when people decide whether or not to have children. At the same time, the law does impact some aspects of family, life such when states set

requirements for who may marry as well as how people divorce, divide property, and support children and former spouses. Local, state, and federal governments have rules about adoption and assisted fertility, and they provide resources for children who are abused, neglected, or in foster care. Governments also provide economic, health, and educational benefits to support individuals and families

Law and the American Family Law From Birth to Death From birth until death, the law creates rules and boundaries that affect the way children, teenagers, adults, and families are able to live their lives. Many daily activities and events are so common that it is easy to forget that there are actually laws regulating almost every action.

For example, parents must provide the basic necessities for their children; children of a certain age are required to go to school; and teenagers can take a driver’s test and vote in public elections when they reach a certain age. The laws that govern many important aspects of a person’s life can vary from state to state.

What is a Family? Defining what constitutes a family can be difficult. The size and appearance of the American family is constantly changing due to various economic, social, and political factors. For example, many children are raised in families that do not have two parents. Since there is no longer a traditional family model, the law and the courts have adapted to meet the changing needs of today’s society and family.

Marriage Getting Married State law controls the marriage process. Couples must fulfill certain requirements before obtaining a legal marriage certificate. Marriage laws and requirements exist to ensure that couples are serious about their relationship, in an attempt to strengthen families and reduce the number of divorces.

Legal Aspects of Marriage Although marriage requirements may vary from state to state, a marriage that is legal in one state is usually recognized in every other state. When a couple seeks to legally end their marriage, a divorce takes place. An annulment, on the other hand is a court order that declares that a marriage never legally existed.

Common-Law Marriage A common-law marriage is a union between two people who decide to forego the standard state marriage requirements. A couple that engages in a common-law marriage considers themselves husband and wife and lives together as a married couple.

Financial Responsibilities In the past, the husband was regarded as the head of the household and the overseer of finances. Today, both spouses are regarded as equal. This means that both partners are financially responsible for the necessities of life and other purchases either spouse makes.

Property Ownership When two people get married their property is divided into categories known as separate property and marital property. Separate property is all property individually owned by each spouse before the marriage. Marital property is anything that the couple acquires during their marriage that they both own. Couples have the choice to combine all of their property. State laws and separation agreements determine who gets marital property if a marriage ends.

Decisions in a Marriage Getting married involves many important decisions. Some couples decide to write a prenuptial agreement before that marry that outlines each spouse’s responsibilities in the marriage. The law very rarely interferes in everyday family life.

Spouse Abuse Unfortunately, domestic abuse can happen to anyone in any relationship. Generally, spouse abuse is a recurring incident that can result in a cycle of serious psychological and physical damage, or even death. Counseling, support groups, legal action, and other services are available for victims of spouse abuse.

Legal Issues for Single people in Nontraditional Relationships Even couples that are not married but living together are bound by certain legal responsibilities and constraints. Same-sex couples face great difficulties in obtaining the right to marry. State laws regarding civil unions vary from state to state. http://images.google.com/imgres?imgurl=https://www.msu.edu/~wilsplot/135/sa me- sex%2520marriage%2520by%2520state.gif&imgrefurl=https://www.msu.edu/~wil splot/135/gayrightswebpage.html&usg=__AjWwT4I7h_mBwMlq3rGzUVYeZZA=& h=317&w=620&sz=13&hl=en&start=3&um=1&itbs=1&tbnid=uvZyiTQcZCiZSM:&tb nh=70&tbnw=136&prev=/images%3Fq%3DSame- sex%2Bmarriage%2Blaws%2Bby%2Bstate%26gbv%3D2%26hl%3Den%26sa%3D N%26um%3D1

Parents and Children Responsibilities Between Parents and Children There are many jobs, duties, and responsibilities parents must fulfill when they have children. For the most part, state laws regulate these important responsibilities.

For example, state laws require parents to care for and support their children to the best of their ability, regardless of whether the parents are married. Parents also have the duty to ensure that their children receive an education and proper medical and dental care. Parents who neglect their parental rights can be punished according to state laws. However, once a child reaches a certain age – usually 18 – parents are usually no longer bound to provide financial support to that child.

Parents and children also have a responsibility to each other. Some states have laws requiring the adult children in a family to support their elderly or disabled parents. In addition, children have a legal duty to follow their parents’ rules as long as those rules are not harmful or illegal.

Child Abuse and Neglect Child abuse and neglect seriously affect the lives of many children in the United States. For this reason, there are increased security measures taken when people are applying for a job to work with children. Employers typically send the fingerprints of these individuals to the FBI to make sure that the person does not have a history of child abuse.

Anyone who suspects that a child is being abused or neglected should always report these concerns to the police. Certain occupations require this information to be reported under the law – medical and educational personnel included. Children are usually removed from the care of a parent or guardian who is convicted of child abuse.

Foster Care and Adoption Foster Care For many reasons, children are sometimes unable to live with their biological parents. As a result, each state has licensed families that provide temporary homes and care for a child until he or she can find a permanent home.

Foster children might even live together in a group home or with their relatives. Ultimately, judges would like to see foster children reunited with their original families. However, if changes cannot be made to provide a safe living environment, the child in foster care can be adopted.

Adoption Adults can become legal parents of a child, or even another adult, through the adoption process. Almost anyone can adopt a child or adult with the help of a public or private adoption agency.

Adoption agencies’ selection processes sometimes make it more difficult for someone of a different race or religion than the adoptee, single parents, or gay or lesbian individuals to adopt. Before an adoption can take place, legal consent from the child’s biological parents is required. Some couples who find it hard to conceive a child turn to a surrogate mother. A surrogate mother is someone who is artificially impregnated with the sperm of the spouse who is having difficulty conceiving with his partner.

After birth, the child is released to the couple through adoption. Laws and regulations on adoption and surrogacy vary from state to state. http://laws.adoption.com/

Separation, Divorce, and Custody Marriage Problems Married couples may encounter difficulties as a result of numerous social, economic, and personal factors. When couples are unable to resolve problems on their own, they may seek help from outside sources, such as a marriage counselor.

Separation and Divorce Some couples are unable to resolve their differences and choose to either separate or divorce. When a couple separates, they remain married but live apart. http://divorceandfamilymediationcenter.com/what-is-a-legal- separation/

Due to the many financial, legal and emotional hardships that come with a divorce, most states require that couples seeking this option enter a period of separation. In fact, state laws play a great role as to how and under what grounds a couple can obtain a divorce. http://www.document-do-it-yourself service.com/divorce_laws/state_divorce_laws.html

Although divorce legally ends a marriage, the two parties might still be responsible to each other financially, especially if children are involved. http://www.divorcesource.com/info/divorcelaws/michigan.shtml

Child Custody Once a divorce is final, parents must decide who will have legal responsibility for the children. This is called custody. The parent who gains custody becomes the primary provider and guardian, while the other parent, the noncustodial parent, is granted visitation rights and may be responsible for some financial support. In some cases divorced parents can both remain primary guardians of their children by obtaining joint custody. If a couple is unable to agree on a custody decision, the court awards custody based on the best interest of the children.

Alimony, Property Division, and Child Support The distribution of money and possessions is a highly debated topic during a divorce. Who gets the car and the house? This type of decision is called property division. The final divorce decree will also involve an agreement about support to one of the spouses – alimony – as well as child support.

Stepparents When a divorced person remarries a person with children, he or she becomes a stepparent. Stepparents are not considered parents unless they have permission from the biological parents and legally adopt the child or children.

Government Support for Families and Individuals Economic Benefits for Individuals and Families People from various economic and social backgrounds rely on benefits and aid provided by the government. From food stamps to Social Security, the government helps many individuals and families live a more secure life.

However, not just anyone can receive government aid. Individuals who want to benefit from government programs have to meet a series of strict requirements. WIC, is a nutrition program that helps pregnant women, new mothers and young children eat well and stay healthy. Who is eligible for WIC services? Women who are pregnant, breastfeeding, or just had a baby Children under 5 years old, including foster children Low to medium income families (working families may qualify)

Health Benefits Medicare and Medicaid are two government sponsored health care programs. Medicare helps people over the age of 65 and those with certain disabilities pay for hospital and medical expenses. Medicaid helps to provide medical care for poor people.

Educational Benefits Every state and local government in the United States shares the duty of providing public K-12 education. Head Start and Early Head Start are two government programs that assist low-income families with child education and personal development.

Federal and state governments also help individuals who want to attend college or a university. Grants, loans, work study, and in-state tuition are some of the ways that the government helps people achieve their goals of higher education.

Individual Liberties Law and terrorism Which civil liberties, if any, you are willing to give up to feel secure in the face of terrorism??

Law and Terrorism Many new laws and policies have been created in response to terrorism in recent years. Law enforcement officials at the federal, state, and local levels have all become involved in the “war on terror.” Civil liberties groups and others have challenged many of the laws, concerned that important American freedoms will be sacrificed in the name of national security. Others argue that these measures are necessary to ensure the safety of the country.

The Law in Times of War After the September 11, 2001, terrorist attacks, President George W. Bush requested increased powers to fight the war on terrorism, many of which were granted in the USA Patriot Act of 2001. President George W. Bush signs the Patriot Act, Anti-Terrorism Legislation, in the East Room Oct. 26, 2001.

The act expanded the powers of certain law enforcement and intelligence agencies, such as the FBI and the CIA. Some people questioned whether these expanded powers interfered with the privacy rights of individuals suspected of terrorist connections or activity.

Surveillance and Searches The US Patriot Act of 2001 gives the government broader powers to conduct airport searches of people and luggage, read Internet correspondence, and listen to telephone communications any time a person is believed to be involved in terrorist activities.

These actions are validated by a court that does not conduct its trials publicly – the U.S. Supreme Court. The court does not have to follow the rules that other United States courts must follow and is exempt from certain constitutional requirements.

Detention and Interrogation Following the attacks of September 11, many people suspected of terrorism have been detained – or held – in the custody of the United States government. These actions mainly affect non-citizens and have had a significant effect on the Muslim and Arab communities in the United States. Prior to the Patriot Act, non-citizens could only be detained for 24 hours without being charged. Now these suspected individuals can be detained without being charged for as long as it takes the government to mount a case or dismiss the charges.

Guantanamo Bay, Cuba http://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp

Rights at Trial A person charged with terrorism could be tried in a U.S. court and provided with the full rights of other criminal defendants. However, the government and some other groups fear that trying a suspected terrorist publicly provides the person with an opportunity to advance his or her politics and views against the United States. The government would prefer to try these people in a military tribunal where they have significantly fewer rights than other defendants in a criminal case.

Introduction to Constitutional Law Amendments to the Constitution The United States Constitution establishes our framework of government and the basic individual rights of Americans. Many Americans take these rights for granted because they do not realize that there are many other countries that do not provide their citizens with similar rights.

An amendment is a written addition to the Constitution that must be proposed and accepted by Congress or a national convention. The Bill of Rights – the first ten amendments to the constitution – refers to freedoms of speech, press, religion, and assembly and guarantees the right to a fair trial. Constitutional amendments demonstrate the evolution of American society and law.

Basic Constitutional Law Principles The U.S. Constitution provided American citizens with many invaluable rights. States also have constitutions and laws that protect individual rights. These rights are usually protected by limiting the power of the government. However, these rights are not without limits.

For example, freedom of the press does not mean that a journalist can knowingly publish information that is not true. Restrictions on constitutional rights exist so that each citizen is able to enjoy his or her freedom without violating the freedom of another citizen. The Supreme Court has developed various tests to measure when the government has overstepped its constitutional limits.

The U.S. Constitution protects primarily political and civil rights. Some people, however, believe that social and economic rights – such as the right to adequate health care and a decent standard of living – should be enforceable by the government. Others argue that while social and economic concerns can influence government policies, the government should not be legally responsible for guaranteeing these rights.

Freedom of Speech The Importance of Freedom of Speech First Amendment rights are the foundation of democracy in the United States. They help to create an open society in which people have the ability to share and discuss differing opinions and beliefs.

In the United States, people’s opinions and beliefs do not have to be the same as those of the government or the majority. Minority viewpoints are protected. There are times when the government can regulate the time, place, and manner of speech, but – generally – it cannot censor the content of protected expression.

Obscenity Obscenity is one form of personal expression that the government regulates. The Supreme Court determines a work to be obscene if sex is depicted in an offensive or illegal manner and the work lacks serious literary, artistic, political, or scientific merit. Definitions of obscenity can vary according to the law.

Defamation The First Amendment does not protect defamatory expression. Defamation is a false expression that damages another person’s reputation. A person who intentionally spreads such false information can be held legally accountable. Defamatory speech that is spoken is called slander. Defamatory speech that is written is called libel.

Commercial Speech Most advertising is considered commercial speech. However, the government may restrict commercial speech that is false, misleading, or promotes a product, service, or conduct that is illegal.

Fighting Words, Offensive Speakers, and Hostile Audiences In order to maintain public peace and order, the government may have to decide between protecting a person’s right to free speech and protecting the public from dangerous situations. The Constitution does not protect speech that encourages people to perform dangerous or illegal acts. Also, the First Amendment does not generally protect abusive language, called fighting words. Many people disagree over whether such speech should be censored and punishable by the law.

Time, Place, and Manner Restrictions While some laws regulate the content of people’s expression, others regulate when, where, and how expression can be used. The government’s power to regulate speech in public forums – such as a city street or park – is fairly limited.

Symbolic Speech Symbolic speech is a form of expression that conveys an idea without using words. The courts have guidelines to determine whether certain conduct should be protected under the First Amendment as symbolic speech. Vagueness and Overinclusive Laws Due to the great importance of freedom of expression, laws regarding speech must be clear and understandable and must not prohibit any expression that should be protected.

Freedom of the Press The First Amendment protects media publications such as radio, television, newspapers, and books from government censoring. Therefore, the government does not have the right to limit the publication, production, or use of any media simply because it finds it offensive. Freedom of the press raises many controversial and competing claims concerning where, when, how, and by whom this freedom is used in everyday life.

Prohibiting Publication Prior restraint is a term used to describe the censorship of a publication or production before its actual release. The courts generally find this kind of censorship unconstitutional. One exception would be when the publication or production would cause serious and irreversible harm, such as publishing confidential military plans. Any restriction on media productions must be reasonable and intended to prevent immediate harm in order to be constitutional.

Denying the Press Access to Information Many people believe that freedom of press includes the right to access information as well as the right to distribute it. The Freedom of Information Act (FOIA) grants the public access to certain government information and records. Government information and records are available to the public upon request as long as the records are not strictly confidential documents. Some states also have laws similar to the FOIA that provide citizens access to state agency files.

Generally, the press has no greater freedom to access than the public. Sometimes, in the interest of justice, a judge will impose a gag order that prevents the attorneys in a trial from discussing the case. Often, representatives of the media will challenge such a gag order in court. The judge will have to balance the interest in a fair trial against the right of the public and the press to information.

Requiring the Press to Disclose Information Reporters are often given confidential information for a news story. Sometimes, the sources of confidential information are needed for important purposes such as a court case. Journalists often are reluctant or unwilling to reveal confidential sources because they believe it betrays the source’s trust or will make people unwilling to give information to the press in the future. Laws known as “shield” laws can protect a journalist from revealing the source of confidential information.

Expression in Special Places The law recognizes only a limited right to exercise freedom of speech in schools and on military bases and prisons. First Amendment rights are granted in these special places as long as the expression does not interfere with the goals of the setting. The First Amendment in Public Schools A public school can restrict or regulate forms of expression that are inconsistent with the school’s educational mission.

For example, a school could deny a student the right to give a speech that promotes gang violence. However, a principal cannot deny publication of an article that expresses an opinion that he or she merely does not like. Regulations must be reasonable and have an educational purpose.

In some circumstances a student’s clothing or certain style of appearance might also be restricted if it disrupts the learning process or promotes something incompatible with the school’s educational atmosphere and mission.

The First Amendment in Prisons and the Military While freedom of expression can be somewhat limited in schools, people in prison and the military often face much greater First Amendment restrictions. Every aspect of a person’s life is closely regulated in prison and on a military base. These people do not enjoy the same liberties and freedoms as those who live outside these institutions. In these two settings, many forms of expression can be restricted in the name of order and discipline.

Freedom of Religion Religious freedom in the United States is protected by two First Amendment clauses. The establishment clause and the free exercise clause were created to ensure government neutrality toward religion. These clauses prohibit the government from showing preference for any one religion, demanding that a religion be practiced, or endorsing or imposing religious beliefs.

The Establishment Clause The establishment clause ensures the separation between church and state. Under the establishment clause, state and federal governments are forbidden to establish churches, promote any one religion, or show preference for one religion over another. Prayer in public schools and aid to parochial schools are two controversial topics involving the establishment clause.

The Free Exercise Clause Under the free exercise clause, every individual is entitled to his or her own religious beliefs. Although the government is unable to establish religious beliefs, it can sometimes regulate religious practices. Religious practices or actions can be reasonably restricted if they interfere with the goals of government.

Due Process Generally, the term due process refers to the concept of legal fairness. The Fifth and Fourteenth Amendments each contain clauses guaranteeing an individual’s right to due process. The Fifth Amendment prohibits the federal government from denying citizens due process, and the Fourteenth Amendment prevents state government from denying citizens due process.

Over the years, the due process clause of the Fourteenth Amendment has proven important in securing the rights of many groups and preventing discrimination. Courts have interpreted the Fifth and Fourteenth Amendments to provide two types of due process – substantive due process and procedural due process.

Substantive Due Process Substantive due process protects every individual’s fundamental liberties from government interference. This means that a government action or law must not affect a person’s fundamental rights. In this way, the due process clause has been used to secure certain fundamental rights that are not spelled out in the Constitution. Opponents of this type of interpretation of the Constitution argue that these rights should not be read into the documents by judges.

Procedural Due Process Procedural due process protects individuals from government action by requiring fair procedures before the government acts. When the stakes are the highest for the individual (such as in a capital punishment case), the government must follow particularly extensive procedures (trials with rules of evidence, appeals, etc.) to protect against error. When less is at stake, the required process can be much more limited. Due process in this case may be simple notice and the opportunity to state your position before the government takes action.

The Right to Privacy Development of the Right to Privacy The right to privacy protects citizens from unreasonable government interference. Though a person’s right to privacy is not directly mentioned in the Constitution, it is implied by certain constitutional amendments.

The government limits a person’s privacy when justified by certain government interests. State laws and constitutions, as well as federal statutes and the U.S. Constitution, contain various privacy protections. Some people argue, though, that since privacy rights are not a part of the Constitution, they should not be recognized by the courts.

Privacy in the Home and at School Many people believe that a person’s home deserves special privacy protection. While police need a valid search warrant to search a person’s home, searches of students’ lockers and desks at public schools are generally allowed by the government.

Information Gathering and Privacy Individuals have fewer privacy rights regarding their finances. Once notified and approved by the court, federal law allows federal agents to obtain copies of a person’s bank or credit card records. At the same time, the government must provide its citizens with access to federal records that are not protected by a privacy law.

Reproductive Rights and Privacy Laws regarding abortion and reproductive rights have created controversy in the United States for many years. In the landmark case of Roe v. Wade (1973), the U.S. Supreme Court placed limits on the government’s ability to regulate abortions. The abortion decision, based on the constitutional right to privacy, continues to be extremely controversial.

Discrimination What Is Discrimination? Our legal traditions are rooted in part in a commitment to equality. Discrimination – treating some people differently because of their membership in a group – conflicts with this goal of equality.

Not all types of discrimination are unfair or illegal, however. The process of making laws often requires separating people into categories. As long as these classifications are found by the court to be reasonable, they are usually legal. Supreme Court rulings generally establish the minimum protections against discrimination that the U.S. Constitution requires. State constitutions, state laws, and local laws may extend greater protection against discrimination, as long as these protections do not infringe on other constitutional rights.

Discrimination Based on Race, National Origin, and Citizenship Most laws and government policies that discriminate based on race or national origin are unconstitutional unless they serve an important goal for society. For example, the Supreme Court has held that diversity is important enough in education to permit schools to show some preferences for minorities when evaluating applicants – a policy known as affirmative action.

Discrimination Based on Gender and Sexual Orientation Courts generally will not uphold legislation or government action that favors one gender over another unless there is a good reason. Gay, lesbian, bisexual, and transgender persons usually do not enjoy the same legal protections as racial and ethnic minorities.

While some state and local laws protect against discrimination based on sexual orientation, federal law does not include this protection. The Supreme Court has used its earlier privacy precedents, however, to extend legal protection to same-sex adults involved in consensual relationships.

Discrimination Based on Age and Disability In general, discrimination based on age is permitted. Driving, voting, and other activities are prohibited until a person reaches a certain age. One reason this form of discrimination is allowed is that people outgrow their youth and these legal limitations.

A federal law does protect against age discrimination in employment for most persons over the age of 40. The 1990 Americans with Disabilities Act (ADA) has helped to protect the rights of people with disabilities, in particular by requiring greater accommodations for people’s disabilities.

Housing Discrimination Federal laws prevent certain forms of discrimination in housing and serve to encourage integration. Landlords may not discriminate against potential tenants on the basis of race, color, religion, gender, national origin, or disability, nor may they discriminate against families with children.

Rights and Responsibilities in the Workplace Looking for a Job Various federal and state laws protect the rights of workers and people seeking jobs. An employer may not deny any individual a job strictly on the basis of age, race, ethnicity, gender or disability. Employers may, however, ask about a person’s employment history and criminal background and verify that a job applicant is a citizen or has authorization for employment.

People between the ages of 12 and 14 may get a work permit for employment in some states, but they can be legally denied employment for legitimate concerns regarding maturity and experience. Privacy is a controversial issue in the job application process. Some believe that employers should not be able to administer drug, lie detector, personality, or psychological tests because they invade privacy and may be inaccurate.

Others believe such tests are reasonable. By law, employers may not use tests that disfavor disabled persons, unless they are testing for skills that are essential to the job. On the job, employees’ right to privacy can sometimes clash with an employer’s need to supervise, monitor, and evaluate their performance and actions at work.

Conditions on the Job Federal and state laws have been established to protect both the employee and the employer. The Fair Labor Standards Act requires that most employers pay employees at least the federal minimum wage. While some states set their own minimum wage, employees are entitled to whichever wage is higher – the federal or state minimum.

Certain jobs require that employees are compensated for overtime, and specific state laws regulate the weekly hours that a minor may work. Certain deductions are taken from people’s paychecks. Money for federal taxes, state taxes, and Social Security – a federal program that provides workers and their families with monetary benefits if they retire, become disabled, or die – is taken out of each employee’s paycheck.

Employers may provide fringe benefits, such as health insurance, pension plans, sick leave, and vacation time, to employees for a certain fee or free of charge. A union is a group of workers that advocates and bargains with an employer for favorable working conditions on behalf of all workers in a particular profession. The Occupational Safety and Health Act (OSHA) sets standards for working conditions and safety regulations that all employers must follow.

Losing a Job Many factors can contribute to the loss of a job. People who are laid off – released from a job due to the company’s financial trouble – may be entitled to extended fringe benefits or continued pay for a certain amount of time while they are looking for a job. Each state has a compensation system to assist the unemployed. http://www.cvtips.com/leaving-a-job/michigan- unemployment.htmlhttp://www.cvtips.com/leaving-a-job/michigan- unemployment.html - Michigan Unemployment Services

Mock Trials Mock trials are designed to provide students with knowledge of the judicial system, legal process, and courtroom procedure; to develop student questioning, critical thinking, and oral advocacy skills; to demonstrate the roles of the various actors in the legal system; and to provide the class with exposure to legal resource persons.

Street Law The principles of fairness, justice, authority and responsibility that form the basis of the American legal system.

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Street Law The principles of fairness, justice, authority and responsibility that form the basis of the American legal system.

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