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What is Law? Law – Rules and regulations made and enforced by government that regulate the conduct of people within a society. Example – home rules, school.

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Presentation on theme: "What is Law? Law – Rules and regulations made and enforced by government that regulate the conduct of people within a society. Example – home rules, school."— Presentation transcript:

1 What is Law? Law – Rules and regulations made and enforced by government that regulate the conduct of people within a society. Example – home rules, school rules and policies, city/state/federal laws. One of the earliest recorded set of laws: The Ten Commandments

2 Law  Without laws, there would be confusion and disorder (The Purge)  A democratic system of government cannot function effectively unless its laws are respected by the people for which the laws are intended to govern. (Lord of the Flies, Hunger Games, Divergent)  Laws generally reflect and promote a society's values. Values – something such as a principle or quality that is intrinsically (naturally) desirable.

3 Law  Must balance rights with responsibilities, the will of the majority and the need for order with the need for basic human rights.  Can be based on moral, economic, political or social values. Moral – questions of right or wrong Economic – the accumulation, preservation, use and distribution of wealth Political – reflects the relationships between the government and individuals Social – issues that are important to society

4 Human Rights Human Rights – rights that all people have simply because they are human beings The Universal Declaration of Human Rights (UHDR) is a statement of basic human rights and standards for government that has been agreed to by almost every country in the world. (Written in 1948 under the leadership of Eleanor Roosevelt) International Covenant of Civil and Political Rights – freedom of speech, religion, and press and the right to participate in government. International Covenant on Economics, Social and Cultural Rights – provides for the right to adequate education, food, housing, health care, protection of property, and employment in safe conditions at an adequate salary. Convention on the Rights of the Child – basic human rights to which children everywhere are entitled, including the right to education and to be free from exploitation.

5 Human Rights Reservations – a legal way of making a provision less enforceable than it otherwise might be. Example – When an international treaty conflicts with our Constitution or other federal/state/local laws.

6 Types of Law CRIMINAL LAWS - laws that regulate public conduct and set out duties owed to society.  Criminal cases can only be brought by government with penalties include imprisonment, fines, being placed under supervision or other forms of punishment. Examples: Felonies – murder, robbery or some form of serious crime that carries a sentence of 1 year or more in jail. Misdemeanors – a less serious crime such as simple assault or minor theft which carries jail time less than 1 year.

7 Types of Law CIVIL LAWS - laws that regulate relations between individuals or groups of individuals.  A lawsuit can be brought by a person who feels wronged or injured by another person. Examples: Marriage Divorce Contracts Real Estate Insurance Consumer protection Negligence

8 Types of Law Defendant – the person accused of committing the crime. Plaintiff – the person or company harmed in a civil case. Prosecutor – the attorney(s) who represent the plaintiffs Defense Attorney – the attorney who represents the defendant. Beyond a Reasonable Doubt – the jury or judge has to have no doubt about the defendant’s guilt, if so then the vote must be “not guilty”. Preponderance of the Evidence – the need to only decide if it is more likely than not that the plaintiff’s complaint is true.

9 Constitution of the United States ( ratified 1789) Highest law of the land drafted more than 200 years ago. Establishes basic framework of our government, its powers and limits of power, people’s freedom that cannot be taken away by the government. Limited Government – a fundamental notion in our Constitution. Separation of Powers – The division of power in government; legislative, executive and judicial.

10 Terms Legislative Branch – Congress uses lawmaking powers when it passes laws (statutes). Statutes – laws Executive Branch – President, Vice President and who are responsible for enforcing laws but can issue rules and executive orders that have the force of law. Veto – presidential power to refuse passage of a congressional statute. Judicial Branch – Clarifies, and in some cases, establishes laws through its rulings. Checks & Balances – a means by which the 3 branches of government prevent one branch from becoming too powerful or abusing its powers.

11 Terms Judicial Review – court’s authority to declare unenforceable any law passed by Congress or State Legislature that conflicts with the highest law, the US Constitution. Unconstitutional – a law passed by government that the constitution does not give it the power to pass or the law violates human rights. Federalism – the division of power between the states and the federal government. Bill of Rights – the first 10 amendments in the Constitution which defines and guarantees the fundamental rights and liberties of all Americans which include freedoms of religion, speech and press; the freedom from unreasonable search and seizure and other individual rights.

12 Articles of the Constitution ARTICLE I – Legislative Branch Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. The Congress is a bicameral legislature consisting of a House of Representatives and a Senate.  Section 1: Legislative power vested in Congress  Section 2: House of Representatives House of Representatives – Representatives are chosen every 2 years and is based on the population of the state (1 Representative for every 30,000 people residing in a particular state)  Section 3: Senate Senate – There are 2 Senators that represent each state and serve for 6 year terms.

13 Articles of the Constitution  Section 4: Congressional elections  Section 5: Procedure  Section 6: Compensation, privileges, and restrictions on holding civil office  Section 7: Bills  Section 8: Powers of Congress  Section 9: Limits on Congress  Section 10: Limits on the States

14 Articles of the Constitution ARTICLE II – Executive Branch Article Two of the United States Constitution creates the executive branch of the government, consisting of the President, the Vice President, and other executive officers and staffers appointed by the President, including the Cabinet. Pursuant to Article Two, the executive power of the federal government is vested in the President.  Section 1: President and Vice President  Section 2: Presidential powers  Section 3: Presidential responsibilities  Section 4: Impeachment

15 Articles of the Constitution ARTICLE III – Judicial Branch Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.  Section 1: Federal courts  Section 2: Judicial power, jurisdiction, and trial by jury  Section 3: Treason

16 Articles of the Constitution ARTICLE IV - States Article Four of the United States Constitution outlines the relationship between each state and the others, as well as between the several States and the federal government.  Section 1: Full faith and credit  Section 2: Rights of state citizens; rights of extradition  Section 3: New states and federal property  Section 4: Obligations of the United States

17 Articles of the Constitution ARTICLE V – Amending the Constitution Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Altering the Constitution consists of proposing an amendment or amendments and subsequent ratification. Amendments may be proposed either by the Congress with a two- thirds vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the state legislatures.[1] To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of three-fourths of the states or State ratifying conventions in three-fourths states.

18 Articles of the Constitution ARTICLE VI Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.

19 Articles of the Constitution ARTICLE VII Article Seven of the United States Constitution sets the number of state ratifications necessary in order for the Constitution to take effect and prescribes the method through which the states may ratify it.


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