1. Chapter 1:
Our Laws

2. FOCUS:
Is anyone allowed to enter your house and take something that belongs to you?
Are they ever allowed to?
Why not?
Is this true in all societies?
Where did that law come from?
NO the Constitution protects our rights … Laws came from the past history/culture/society and developed as we needed them to in order to preserve our communities stability.

3. The Evolution of Law
Law =enforceable rules of conduct in society, reflect the culture and circumstances that create them.
Code = an organized grouping of laws.

4. The Need for Law has NOT Changed Significantly for Thousands of Years
The Need for Law has NOT Changed Significantly for Thousands of Years. Why? People still make the same mistakes and still need the same protections from the conduct of others.

5. Stages in the Growth of Law
Most societies go through 4 distinct stages in forming their legal system:
Individuals take revenge for the wrongs done to them.
Awards of money or goods are substituted for revenge. (bounty hunters)
Court systems are formed.
A central authority figure intervenes to prevent and punish wrongs.
Each stage/step has lead to the legal system we have today.

6. Hammurabi’s Code
Could you guys make a video like this on teams???

7. In any society laws should be:
Predictable
Otherwise society will be unstable and replacement of the system will follow
Flexible
A system that is too controlling, and too rigid to change with the changing needs of society will also be overthrown.
A gradual evolution takes place that best fits needs of current times.

8. Common Law
Law based on the current standards or customs of the people.
Usually based on a legal system that developed to settle disputes.

9. Positive Law
Laws sent down by a person in power to prevent a dispute and wrongs from happening in the first place.
Person could be a judge, a sovereign (king), a state court – some central authority figure.

10. US Legal System
Our system was derivedfrom several different sources but mainly these two:
English Common Law
Roman Civil Law

11. Roman Civil Law
Written, well organized comprehensive sets of statutes in code form.
Only one State in the US uses this, it is Louisiana
This is an example of Positive Law
French settlers brought customs food language and laws to area and MANY of the state laws were developed with Napoleonic civil laws

12. English Common Law The other 49 states Brought over by the colonists
Uses the basis of local customs and traditions

13. Think…Group Share
Discuss amongst your group the difference between common and positive law
Common law is based on the current standards and customs of the people and is usually pronounced by judges in settling people’s disputes, while positive law is set down by a central authority to prevent disputes and wrongs from occurring in the first place. ONE state can have a law while another doesn’t

14. Development of English Common Law
Feudal Barons – acted as judges within their territories. Disputes were settled on the basis of local customs and enforced by the baron’s power.

15. Development of English Common Law
2. The Kings Courts- Henry II, appointed trusted nobles, ordered wrongdoers to pay with money or goods
Lower courts decided smaller cases;
King Court always took jurisdiction: (the power to decide a case).

16. 3. Jury- King Henry recognized that local customs must be taken into account. A group of citizens were used to help interpret the customs, evolved into today’s juries

17. Advantages of English Common Law
Uniform – the same for everyone, people know what they are getting themselves into.
Adaptable – can change as society changes and progresses, no need to completely redo the system
Precedent – prior cases used as guides for deciding similar new cases

18. Disadvantages to English Common Law
Precedent requires rigid adherence to proper form – a misspelled word or misplaced period would nullify, or void the document
Limited to only granting money for damages
Waiting for the harm to occur

19. Equity – alternative to Common law
Originally meant fairness
Set up to correct the problems with straight common law
Hearings conducted under different rules than common law courts
No jury required, used to stop wrongs from happening
Injunction – prohibits something from being done (stop the dam p. 8) or Compel something to be done
Today both law and equity courts have merged (most American courts can award damages or issue orders or both)

20. Let’s Talk About it… Think About Legal Concepts
WHAT??
Let’s Talk About it…
Think About Legal Concepts
In your textbook answer questions
Keep accurate record of your responses for review time since these questions will be seen again on future tests/quizzes.
Let’s review your answers. How many did you get right?

21. RESEARCH TIME…
Pick one of the following countries and research the origins of their legal system.
France, Germany, Brazil, Spain, Cuba, Netherlands, Switzerland, Peru, Italy, Greece
Are they of the common or civil law tradition? Other?
You should highlight your findings by a PowerPoint slide.
Review Sample in Kdrive

23. FOCUS: Make a list of rules the school enforces.
Make a second list of rules you must live by in your families.
How do these rules affect your life?
Pick one rule you would change if you had the power to do so. Tell why you’d change it.
How would the changes affect you, your family, or school? Name 2 positives and 2 negatives
Be prepared to discuss…

24. 4 Main Sources of Laws Constitutions Statutes Case Laws
Administrative Regulations

25. Sources:
Constitution – highest sources of law. A document that sets the framework of a government and its relationship to the people it governs.
Allocates power between individuals and the government (purpose of “Bill of Rights”)
Between state and federal government (federal is the “supreme law of the land”)
Among branches of the government (system of checks and balances): executive, legislative, and judicial.
SEE CONSTITUTION EXPLAINED

26. Constitution
Mainly used with defining and allocating powers among areas of government like “commerce”:
Federal government: has the right to regulate interstate (occurs between two or more States) and foreign commerce
Intrastate (occurs within the State) - commerce left up to the states
Set up 3 branches of our Government
SEE CONSTITUTION EXPLAINED

27. Bill of Rights First ten amendments to the constitution
Protects people from actions of their government
Freedom of religion, speech, and the right to remain silent, etc.
SEE CONSTITUTION EXPLAINED

28. 2. Sources- Statutes WRITTEN LAWS Enacted by legislative bodies
Federal and state legislatures, composed of elected officials acting for their citizens enact laws called statutes. (Civil Rights act)
Ordinance- legislation granted by the State to local levels (villages, towns, cities, & counties)

29. 3. Sources- Administrative Regulations
Federal State and local govt’s create Administrative agencies to carry out particular laws (rules and regulations).
Social Security
DMV
Zoning Boards
Controlled by the executive branch the thus president, governor, or mayor supervise the activities of agency.

30. 4. Sources - Case Law Created by the judicial branch of government
Made after a trial has ended and an appeal is made
When the appellate court makes its ruling it publishes its opinion on the case, that opinion may set new rules in deciding similar cases
Uses doctrine of STARE DECISIS (“let the decision stand”)= to adhere to decided cases, requires lower courts to follow established case law when deciding similar cases.
“fills the gaps”

31. Review: Leash laws, building permits
Income tax imposed by gov’t (16th amendment)
Fair housing Act
Court decisions
County Health dept.
Local ordinances
Federal constitutional laws
Statutes
Case law
Adminsitrative

32. When laws Conflict Constitution is the “supreme law of the land”
Any federal, state, or local law is not valid if it conflicts with the federal constitution. So- various states can have different laws as long as law is not “unconstitutional”!
Courts determine if things are constitutional

33. Group Work! You and your group will be assigned Enrichment Activity
Research and answer questions associated with activity
Once complete you will share your findings with the rest of the class
Maybe do????

34. Types of law:

35. Substantive vs. Procedural
Procedural Law
Enforces rights and duties
How and when arrests can be made
Determining equitable remedies
Supremacy of conflicting laws – stare decisis
Two types
Civil procedure/law
Criminal procedure/law
Substantive Law
Defines rights and duties
All rules of conduct except enforcement
Define offenses

36. Criminal vs. Civil Law Criminal Law Civil Law Offense against society
Disrupts the stable environment we depend on to survive
Ex- laws that give us right to live in peace
Civil Law
Offenses against individuals
Whenever one person has the RIGHT to sue another
No police involved
If defendant loses they are LIABLE and must pay money to the plaintiff.

37. Business Law Dictates business situations and transactions
White collar crimes
Contracts
Torts – private wrongs (civil offenses) against people or organizations
Uniform Commercial Code (UCC) – governs the sale and leasing of goods & certain aspects of banking/finance in all 50 states.

38. Let’s review…types of law:
Constitutional law
Based on constitution
Statutes
Enacted by legislative bodies
Administrative law
Rulings by administrative agencies
Civil law
Addresses wrongs done to individuals
Criminal law
Addresses wrongs done to society
Procedural law
Deals with methods of enforcing legal rights and duties
Substantive law
Defines legal rights and duties
Business law
Rules that apply to business transactions

39. Can a single act violate more than one kind of law, such as both civil law and criminal law? Give an example.
A single act may be both an offense against society and a violation of private legal rights of an individual. For example, a drunk driver who wrecks someone else’s car has violated both a criminal law by driving while intoxicated and a civil law by damaging the property of another.

40. RESOURCES for REVIEW_ Unit 1 Resource BOOK- Constitution Explained
Pg 11 BINGO game to review terms
Constitution Explained
Activities/Study Guides IE & Tests (Casey)