What is Law? Street Law Mr. Calella

Law and Values Law: rules made/enforced by gov’t that regulate conduct of people. Law: rules made/enforced by gov’t that regulate conduct of people. Why are laws necessary? Why are laws necessary? Jurisprudence: the study of law and legal philosophy. Jurisprudence: the study of law and legal philosophy. Every society has had laws Every society has had laws CLASS WIDE ACTIVITY CLASS WIDE ACTIVITY “The law must be stable, but it must not stand still.” Meaning? “The law must be stable, but it must not stand still.” Meaning? What do you think this quote means? What do you think this quote means?

Law and Values Why do laws reflect a society’s values? Why do laws reflect a society’s values? Goals of the legal system Goals of the legal system Human rights, promote fairness, resolve conflicts, promote order, promote economic behavior, represent will of majority, protect rights of minorities Human rights, promote fairness, resolve conflicts, promote order, promote economic behavior, represent will of majority, protect rights of minorities Society’s biggest problems involve conflict among these goals; WHY? Society’s biggest problems involve conflict among these goals; WHY?

Law and Values (continued) Laws can be based on… Laws can be based on… Moral values Moral values Economic values Economic values Political values Political values Social values Social values What are some examples of each? What are some examples of each? Problem 1.3 page 8 (Think-Pair-Share) Problem 1.3 page 8 (Think-Pair-Share)

Criminal Law Criminal Law: regulate public conduct and set out duties owed to society Criminal Law: regulate public conduct and set out duties owed to society Criminal Offenses: divided into… Criminal Offenses: divided into… Felonies-penalty is more than 1 year in prison; examples? Felonies-penalty is more than 1 year in prison; examples? Misdemeanors-penalty is less than 1 year in prison; examples? Misdemeanors-penalty is less than 1 year in prison; examples? Prosecutor and Defendant Prosecutor and Defendant Standard-”Beyond a Reasonable Doubt” Standard-”Beyond a Reasonable Doubt” Watch video on Casey Anthony case Watch video on Casey Anthony case

Duty as a Bystander Watch video on Bystander Effect Watch video on Bystander Effect Read Aloud “The Case of the Apathetic Bystanders” page 12 Read Aloud “The Case of the Apathetic Bystanders” page 12 Discuss questions as a class Discuss questions as a class Good Samaritan rule Good Samaritan rule N.J.S.A. 2A:62A-1 N.J.S.A. 2A:62A-1 Bill just passed giving immunity for 911 callers reporting an overdose Bill just passed giving immunity for 911 callers reporting an overdose Should the governor sign it into law? Should the governor sign it into law?

Civil Law Civil Laws: regulate relations between individuals or groups of individuals Civil Laws: regulate relations between individuals or groups of individuals Civil Action: (lawsuit) can be brought by someone who feels wronged/injured Civil Action: (lawsuit) can be brought by someone who feels wronged/injured Plaintiff and Defendant Plaintiff and Defendant Standard- “By a Preponderance of the Evidence” Standard- “By a Preponderance of the Evidence” Lower standard; OJ wrongful death case Lower standard; OJ wrongful death case

Our Constitutional Framework Limited Gov’t: limit govt’s powers by stating its powers Limited Gov’t: limit govt’s powers by stating its powers Separation of Powers: govt divided into 3 branches-legislative (Art. I), executive (Art. II), and judicial (Art. III) Separation of Powers: govt divided into 3 branches-legislative (Art. I), executive (Art. II), and judicial (Art. III) Checks and Balances: 3 branches are independent, but each has power to restrain the other branches Checks and Balances: 3 branches are independent, but each has power to restrain the other branches Veto-refuse to approve Veto-refuse to approve Judicial Review-power to declare unconstitutional Judicial Review-power to declare unconstitutional

Framework (continued) Federalism: division of power between the states and federal gov’t Federalism: division of power between the states and federal gov’t Bill of Rights: first 10 Amendments to the Constitution; defines/guarantees basic rights and freedoms Bill of Rights: first 10 Amendments to the Constitution; defines/guarantees basic rights and freedoms Team Brainstorm Game-How many can you name? Team Brainstorm Game-How many can you name? Why would the Constitution need to be changed? Why would the Constitution need to be changed?

Activity Make a chart. Place each of following in “Checks and Balances”, “Federalism” or “Rights”. Be ready to explain answers Make a chart. Place each of following in “Checks and Balances”, “Federalism” or “Rights”. Be ready to explain answers 1. Freedom of speech 2. Only the federal gov’t can make a treaty 3. Courts review statutes written by the leg. 4. President has veto power 5. Most criminal laws are state laws 6. No cruel and unusual punishment 7. Congress may impeach president

The Lawmaking Process Congress Congress House of Representatives: 435 (by population) House of Representatives: 435 (by population) Senate: 100 (2 per state) Senate: 100 (2 per state) Statutes: laws created by a legislative body, such as Congress Statutes: laws created by a legislative body, such as Congress Federal: every state (env., defense) Federal: every state (env., defense) State: education, marriage, criminal State: education, marriage, criminal Supremacy Clause: Constitution is the highest law in the land (Art. VI) Supremacy Clause: Constitution is the highest law in the land (Art. VI) Legislative Intent Legislative Intent

Courts Trial: a court proceeding in which the facts are established Trial: a court proceeding in which the facts are established Appellate or Appeals Courts: a person who loses at trial might ask these courts to review and change the result of the trial Appellate or Appeals Courts: a person who loses at trial might ask these courts to review and change the result of the trial When an appeals court decides a case, it issues a written opinion that sets PRECEDENT for similar, future cases (guides similar cases in future) When an appeals court decides a case, it issues a written opinion that sets PRECEDENT for similar, future cases (guides similar cases in future)