Chapter 1 What is Law

I.What is Law? A. Jurisprudence 1. The study of law and legal philosophy. 1. The study of law and legal philosophy. B. Goals of our Legal System 1. Protecting basic human rights 1. Protecting basic human rights 2. Promoting fairness 2. Promoting fairness 3. Helping resolve conflicts 3. Helping resolve conflicts 4. Promoting order and stability 4. Promoting order and stability 5. Promoting desirable social and economic behavior 5. Promoting desirable social and economic behavior 6. Representing the will of the majority 6. Representing the will of the majority 7. Protecting the rights of minorities 7. Protecting the rights of minorities

C. Goals of our Laws 1. Must balance rights with responsibilities. 1. Must balance rights with responsibilities. 2. Must balance the will of the majority with the rights of the minority. 2. Must balance the will of the majority with the rights of the minority. 3. Must balance the need for order with the need for human rights. 3. Must balance the need for order with the need for human rights. 4. Can be based on moral, economic, political, or social values. 4. Can be based on moral, economic, political, or social values. a. Moral- Fundamental values of right and wrong. a. Moral- Fundamental values of right and wrong. b. Economic- Deal with the accumulation, preservation, use, and distribution of wealth. c. Political- Relationship between the government and individuals. d. Social- Issues that are important to society. Ex. Public Education Ex. Public Education

Problem 1.2- The Shipwrecked Sailor Should Dudley and Stephens be tried for murder? Why or why not? Should Dudley and Stephens be tried for murder? Why or why not? What arguments could be made for either side? What arguments could be made for either side? Punishment? Purpose of conviction? Punishment? Purpose of conviction? What is the relationship between law and morality in this case? What is the relationship between law and morality in this case? Can an act be morally right but unlawful? Explain. Can an act be morally right but unlawful? Explain.

D. Kind of Laws 1. Criminal Laws 1. Criminal Laws a. Regulate public conduct and set out duties owed to society. b. Legal action brought by the government (prosecutor) against a person (defendant) charged with committing a crime. c. Have penalties, and offenders are imprisoned, fined, placed under supervision, or punished in some other way. d. Divided into two categories: felonies and misdemeanors d. Divided into two categories: felonies and misdemeanors * Felony- Serious crimes where punishment is more than one year in prison. (murder, robbery) * Felony- Serious crimes where punishment is more than one year in prison. (murder, robbery) * Misdemeanor- Less serious crimes where punishment is one year or less in prison. (minor theft) * Misdemeanor- Less serious crimes where punishment is one year or less in prison. (minor theft) e. Guilt must be established “beyond a reasonable doubt”.

2. Civil Laws 2. Civil Laws a. Regulate relations between individuals or groups of individuals. b. Civil Action- Lawsuit that can be brought by a person (plaintiff) who feels wronged or injured by another person (defendant). c. Courts may award the injured person money for the loss, or other forms of restitution. d. Example- Lawsuit for damages relating to a car accident. e. Regulate many everyday situations such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence. f. Plaintiff wins by convincing the jury or judge by a “preponderance of evidence”.

Problem 1.6- The Apathetic Bystanders a. Why do you think the bystanders took no action? b. Did the bystanders commit a crime by not acting? c. Should the law hold citizens responsible for not helping out in cases such as this one?