WHAT IS LAW?

1
Chapter 1

• WHAT IS LAW?

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Jurisprudence

• Study of law legal philosophy

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Definition

• Rules regulations made and enforced by
  government
• They regulate conduct of people

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What if there were no laws?

• Chaos
• Confusion
• Disorder

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The rule of law

• Must know laws in advance
• Created through democratic process
• Basis of democratic society
• If not, who would know how to behave

6
LAWS VALUES

• Laws promote societies values
• Values are basis for laws
• BUT not everything immoral is illegal
• Though Shalt Not commit adultery!

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Expectations of Legal System

• protecting basic human rights
• promoting fairness

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Expectations of Legal System

• helping resolve conflicts
• promoting order stability
• Promoting desirable social economic behavior

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Expectations of Legal System

• that majority rules
• rights of minorities are protected

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Problem with expectations

• Conflicts with the 7 items
• Ex. How do we balance will of majority AND still
  protect rights of minority?

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HUMAN RIGHTS

• Rights all people have BECAUSE they are human
• Keep them from birth to death

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UDHR

• Universal Declaration of Human Rights
• almost all nations
• 1948 adopted under the U.N.

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Is UDHR binding?

• NO,But U.N. created treaties to enforce it
• They include covenants on civil rights, economic,
  political and social rights, and others
• What about cultural rights?
• Infanticide or genital mutilation

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KINDS OF LAWS
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Criminal laws

• Charges brought by govt
• Misdemeanors
• Felonies

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Civil Laws

• Regulate relations between individuals
• Civil action
• Lawsuit when one person feels they are wronged

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Terms

• Defendant
• Person who is accused
• Plaintiff
• Person who was harmed
• In a criminal case Prosecutor is plaintiff

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Terms

• beyond a reasonable doubt
• if any doubt, then give benefit to defendant
• preponderance of the evidence
• if 51 sure than decide in favor of plaintiff

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CONSTITUTIONAL FRAMEWORK

• U.S. Constitution
• Highest laws of land
• limited government
• spells out what government has control over
• before constitution, states were leery about
  giving up power to federal government

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CONSTITUTIONAL FRAMEWORK

• separation of powers
• 3 branches
• each do separate roles and check on each other

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CONSTITUTIONAL FRAMEWORK

• Legislative branch
• Statutes
• Executive branch
• Carry out laws
• Judicial branch
• Interprets laws
• Judicial Review
• unconstitutional

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CONSTITUTIONAL FRAMEWORK

• Federalism
• Division of power between state and federal govt
• Ex. Who makes up drinking ages? Who decides at
  what age you can get a drivers license?
• Bill of Rights
• 1st 10 Amendments to the Constitution