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What is the Law ?
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3. The Law Enforceable rules of conduct in a society
Reflects the culture and circumstances that create them
Grouped into an organized form (code)
Many similarities between codes of different civilizations
Ask students to give examples of laws needed in society. Then ask students what society would be like without laws.
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4. Stages 1 & 2 in the Growth of Law
Individuals take revenge for wrongs done to them.
Leader has power to force revenge-minded individuals to accept an award of goods or money instead
Ask students what is the danger and legal consequence of taking law in your own hands. Ask students to give examples of when it is better to call law enforcement than to personally handle a situation.
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5. Stages 3 & 4 in the Growth of Law
The leader gives power to enforce options for the revenge-minded individuals to a system of courts.
The leader or central authority acts to prevent and punish wrongs that provide individuals to seek revenge.
Ask students to give examples of legal responsibilities and consequences for not fulfilling those responsibilities (consequences for not following the law).
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6. Laws Reflect the wisdom or lack of wisdom by their creators
A legal system that is too controlling and too rigid to change with the wants and needs of the people will be overthrown
Ask students to give examples of laws that they think need to be revised or discarded. This will be a good discussion topic for class.
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7. Types of Law
Common Law - based on the current standards or customs of the people
Positive Law - dictated from a sovereign or other central authority to prevent disputes and wrongs from occurring
Ask students to give examples of hot current legal issues. How are the Constitution and the Supreme Court involved with these issues. Poll the class to determine their feelings about the legal topics.
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8. History of the U.S. Legal System
English Common Law and Roman Civil Law have influenced the world’s legal systems.
Ask students to use the Internet to quickly research English Common and Roman Civil Law. Each students must list five characteristics for each legal system.
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9. Roman Civil Law
Well written comprehensive sets of statutes in code form
Laws only changed by the central government
Louisiana has a civil law system
Ask students to give reasons why they think Louisiana is constantly revising their Civil Law system.
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10. English Common Law King’s Bench
Judges appointed by the king from a group of trusted nobles
Judges ordered wrongdoers pay with money or goods to the parties they injured
Jurisdiction - power to decide a case
Jury - citizens from each region to interpret the region’s customs for the court
Citizens of the U.S. have the responsibility to serve on a jury. Employers must respect jury duty.
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11. English Common Law
Achieves uniformity while maintaining the ability to adapt to changes in society
Served as a model for legal systems worldwide, including 49 states in the United States
Common law means a consistency from state to state.
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12. Other Legal Concepts
Precedent - courts use prior cases as a guide for deciding similar new cases
Equity - fairness
Legal recourse - avenues of legal action available to the citizen
Laws and judgments must have equity. Precedent gives guidance for deciding similar cases in the future.
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13. Independent Practice Assignment Activity
Assignments
Independent Practice Assignment Activity
Legal Storyline: Draw a mural that represents the chain of events in a story. The mural must highlight the legal terminology involved in the case. There should be at least one picture frame for every legal concept defined.
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