Unit Five What is law? Who makes law?

Unit Five Jurisprudence – –The study of law Law – - A set of rules or regulations that by which a government regulates our actions A set of rules or regulations that by which a government regulates our actions

Unit Five Law is loosely based upon moral values of a society –Morals are traditional ideas of right and wrong

Unit Five Law falls into 2 major groups: –Criminal Regulates public conduct and sets out duties –Punishment may include prison, fines, probation –Civil

Unit Five –Criminal Law is divided into 2 categories: Felony –A more serious crime, punishable by more than one year in jail »Includes death penalty Misdemeanor –A less serious crime, punishable by up to one year in prison

Unit Four –Criminal –Civil Regulates actions between individuals and groups –Punishment includes paying money or making some other amends

Unit Four –Civil Law affects relationships in areas such as: Marriage Divorce Contracts Insurance Real Estate Consumer Protection Negligence –To bring a civil action = to sue someone (a lawsuit)

Unit Five Settling Disputes –Settling outside of court Negotiation -Two groups agree to resolve a dispute together

Unit Five Mediation –A third party helps two groups resolve a dispute

Unit Five Arbitration –A third party mandates a resolution to a dispute Negotiation Mediation Arbitration

Unit Five There are 3 lawmaking bodies in the U.S. –Legislatures (Legislative) –Agencies (Executive) –Courts (Judicial)

Unit Five Legislatures pass direct laws on a state or federal level

Unit Five Federal Statutes affect every citizen of the nation State Statutes affect every citizen of that state

Unit Five Settling in court –The adversary system A contest between two sides

Unit Five In a criminal case, the prosecution must prove guilt –Beyond a reasonable doubt »What an average person would have to believe

Unit Five Criminal Trial Pro D Start of the trial Pro D Guilty verdict

Unit Five Civil Trial –In a civil trial, the plaintiff must prove guilt with a preponderance of the evidence –More likely than not

Unit Five Civil Trial Pla D D Start of the trial Guilty verdict

Unit Five Juries –The right to a jury is protected by the 6 th and 7 th Amendments A jury is not required –Most criminal cases are never brought to a trial Many resolved as a result of a plea bargain –An agreement to plead guilty to a lesser crime in exchange for a reduced or lighter sentence