Unit 1:Introduction to Law

Law: a definition A system of “rules and

regulations made and enforced by a government that regulate

conduct of the people within a society”.

Goals of the Legal System1. Protecting basic human rights

2. Promoting fairness

3. Helping resolve conflicts

4. Promoting order and stability

5. Promoting desirable social and economic behavior.

6. Representing the will of the majority

7. Protecting the rights of minorities

LAW AND VALUES•LAWS ARE CREATED TO REFLECT AND PROMOTE A SOCIETY’S VALUES( THE IDEAS OF RIGHT & WRONG)

•THEY OFTEN STEM FROM RELIGIOUS AND CULTURAL BACKGROUND

•THE STONGER THE VALUE, THE STRONGER THE LAW & THE MORE SEVERE THE PUNISHMENT

Laws are based on 4 primary types of values

•Moral values

•Political values

•Economic values

•Social Values

Moral valuesIdeas of Right and Wrong

Protection of Life

Severe Punishment

Social valuesImportant IssuesChange over TimeLaws encourage valuesPunishments less severe

Economic values

Deal with accumulation, preservation, use, and distribution of wealth

Laws to protect property

Political values

Regulate the relationship between

citizens and government

Summary

Law encourages us to “do the right thing”

&punishes those who violate

society’s values

KINDS OF LAWS-CRIMINAL LAW

-CIVIL LAW

Criminal Law•PURPOSE OF CRIMINAL LAW• REGULATE PUBLIC CONDUCT• SETS DUTIES OWED TO SOCIETY• PROTECTS US FROM OURSELVES, OTHERS, AND OUR GOVERNMENT

•CASES FILED BY:• GOVERNMENT BRINGS CHARGES ON BEHALF OF SOCIETY

Criminal Law•Purpose for Criminal laws• REGULATE PUBLIC CONDUCT• SETS DUTIES OWED TO SOCIETY• PROTECTS US FROM OURSELVES,

OTHERS, AND OUR GOVERNMENT

•CASES FILED BY:• GOVERNMENT BRINGS CHARGES ON

BEHALF OF SOCIETY

Criminal LawTYPES OF CRIMINAL OFFENSES• SUMMARY OFFENSE - FINE• MISDEMEANOR – 1 YEAR OR LESS• FELONY - 1 YEAR OR MORE IN JAIL

BURDEN OF PROOF:• "Beyond a reasonable doubt"

Purpose of Civil LawPURPOSE OF CIVIL LAWS• REGULATE RELATIONS BETWEEN

INDIVIDUALS OR GROUPS OF INDIVIDUALS• HELPS TO PEACEFULLY SETTLE DISPUTES• GOVERNMENT NOT DIRECTLY INVOLVED

CASES FILED BY:• PRIVATE PARTIES

Purpose of Civil LawBURDEN OF PROOF• "Preponderance of evidence." • CLAIMANT MUST PRODUCE EVIDENCE

BEYOND THE BALANCE OF PROBABILITES.

TYPE OF PUNISHMENT:• AWARDS MONEY TO INJURED PERSON

“ O U R S I S A G O V E R N M E N T O F L A W S , N O T M E N . ”– John Adams, 1779, the year he penned the Massachusetts state constitution

LEGISLATION

Types of Laws

•Statute – National or State – passed by Legislature

•Ordinance – Enacted by local authority – enforced only in that small area

•Policy – enacted by an institution (school)

LETTER OF THE LAW

When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words (the "letter") of the law, but not the intent of those who wrote the law.

LEGISLATIVE INTENT

• Bills are used to enact laws or amend or repeal old laws.• Legislators are responsible drafting and approving Bills• The language of law is open to different interpretations. (Law may be unclear)

• The Court will interpret what the Legislature meant when making the law.

A GOOD “LAW”

• The law written in clear language

• The law is easily understandable

• The law does not contradict any other laws.

• The law enforceable.

• The penalties for breaking the law are clear and reasonable.

• The law clearly states when it goes into effect.

S E TT L I N G D I S P U T E S

CHAPTER 4

DISADVANTAGES OF GOING TO COURT

• Time Consuming

• Expensive

• Anger and Bitterness

NEGOTIATION

Negotiation is when people try to resolve the conflict by reaching a solution that is acceptable to all

Is important because the skills involved in handling conflict responsibly are used everyday by people in all aspects of life

People can hire attorneys to negotiate in situations like auto accidents.

3 PHASES OF NEGOTIATION

Phase 1 - Preparation1. All parties should have a sincere interest in settling dispute2. Identify issue causing the conflict3. Consider issue from the other side4. Identify two workable solutions to resolve problem

Phase 2 - Negotiation1. Work together to identify issue causing conflict2. After identifying issues, parties should work together to create

a list of possible solutions (Identify 2-3 most workable)3. Repeat all points of the final agreement to be sure of

understanding• Write down agreement and decide on consequences if broken

Phase 3 - Post-negotiation1. Make final decisions

ARBITRATION

Arbitration is when both parties agree to have a 3rd party listen to their arguments and make a decision for them

Decisions made by an arbitrator are legally binding

Common places to have an arbitration hearing:

Contract and Labor Management Disputes International law cases

MEDIATION

Mediation is when a 3rd party helps the disputing parties talk about their problems and settle their differences

Mediators do not make decisions for the parties, they only help the settlement between them

COURT ACTION

Lastly you could take court action

Why do you think this should be the last resort?