Contemporary Law & JusticeM. Teal

VocabularyJurisprudenceLawRule of LawHuman RightsUniversal Declaration of Human RightsInternational Covenant on Civil and Political

RightsInternational Covenant on Economic, Social

and Cultural Rights

Some Important Stops Along the Road to Today’s American Legal System1700 BCE Hammurabi’s Code1300 BCE Ten Commandments621 BCE Draco’s Law530 BCE Book of Punishments450 BCE The Twelve TablesAD 529 Justinian’s Code653 T’ang Code1100 First Law School1215 Magna Carta1689 English Bill of Rights 1700s European Enlightenment

Continued…1765 Blackstone’s Commentaries on the

Laws of England1776 American Declaration of

Independence1787 US Constitution1791 Bill of Rights1865 13th Amendment1868 14th Amendment1919 18th Amendment1920 19th Amendment1964 24th Amendment1971 26th Amendment

https://www.youtube.com/watch?v=S_NEBE2n3QE

Law & ValuesGoals for our legal system

Protecting basic human rightsPromoting fairnessHelping resolve conflictsPromoting order & stabilityPromoting desirable social & economic

behaviorRepresenting the will of the majorityProtecting the rights of minorities

Laws can be based onMoral

Fundamentals questions of right and wrongEconomic

Deal with the accumulation, preservation, use & distribution of wealth

PoliticalReflect the relationship between government &

individualsSocial

Issues that are important to society

Human RightsLibertyEducationPolitical freedomReligious freedomEconomic well-being

Space Colony

Vocabulary cont…Criminal lawsCriminal case

FeloniesMisdemeanors

Civil lawsCivil action

DefendantPlaintiffProsecutor“Beyond a reasonable

doubt”

Preponderance of evidence

Limited governmentSeparation of powersStatutesChecks and balancesVetoJudicial reviewFederalismBill of Rights

Key Key QuestionsQuestions

Civil Civil CriminalCriminal

What interests What interests are protected?are protected?

Who are the Who are the parties to the parties to the case?case?

What standard What standard of proof is of proof is required?required?

What are the What are the penalties?penalties?

Key Key QuestionsQuestions

Civil Justice Civil Justice SystemSystem

Criminal Justice SystemCriminal Justice System

What What interests are interests are protected?protected?

Wrongs to an Wrongs to an individualindividual

Wrongs against society Wrongs against society (Crimes)(Crimes)

Who are the Who are the parties to the parties to the case?case?

Plaintiff & Plaintiff & DefendantDefendant

Prosecutor (state) & Prosecutor (state) & defendantdefendant

What What standard of standard of proof is proof is required?required?

Preponderance Preponderance of the evidenceof the evidence

Beyond a reasonable Beyond a reasonable doubtdoubt

What are the What are the penalties?penalties?

Money Money damages, damages, injunctionsinjunctions

Jail/Prison, fines, probation Jail/Prison, fines, probation (with requirements such (with requirements such as community service0as community service0

Executive Executive BranchBranch

Legislative Legislative BranchBranch

Judicial Judicial BranchBranch

Yertle the Turtlehttp://www.youtube.com/watch?v=gqjEsttx-

IU

Chapter 2Supremacy clauseBillsLegislative intent

States’ lawmaking powers

Federal government lawmaking powers

Local government lawmaking powers

Guidelines for Drafting LawsWhen drafting laws or other types of

rules, it is useful to ask the following questions to evaluate whether problems are likely to result.Is the law written in clear language?Is the laws understandable?Does the law contradict any other laws?Is the law enforceable?Are the penalties for breaking the laws clear &

reasonable?

Chapter 2 cont…Administrative agenciesPublic hearingsTrialsAppealsAppellate courtsprecedent