What is a Law?
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Transcript of What is a Law?
What is a Law?Law-rules and regulations made and enforced
by government that regulate the conduct of
people , within a society.
Rules v. LawsWhat is the difference between a rule and a
law?What are examples of rules?
SchoolHomeClubsTeams
Why have laws?1. Promote fairness2. Protect human rights3. Help resolve conflicts4. Promote order and stability5. Promote desirable social and economic
behavior6. Represent the will of the majority7. Protect the rights of minorities
Values that are the basis for lawsMoral- deal with fundamental questions of
right and wrongEconomic- accumulating, preservation, use
and distribution of wealthPolitical- reflect the relation between
government and individualsSocial- issues that are important to us as a
society
Criminal Laws v. Civil LawsCriminal laws
Regulate public conduct and set out duties owed to society. Legal action brought b y the government against a person charged with committing a crime.
Criminal laws have penalties and offenders are imprisoned, fined, placed under supervision, or punished in some other way
Criminal Laws v. Civil LawsCivil laws
Regulate relationships between individuals or groups of individuals. A civil action can be brought by a person who feels wronged or injured by another person.
Courts can award money for the loss or order the person who committed the wrong to make amends in some other way. Examples of civil laws are marriage ,divorce,
contracts, real estate, insurance and negligence.
Criminal Laws v. Civil LawsFelonies- penalty is a term of more than one
year in prisonsMisdemeanors- penalty is a term of less one
year or less in jail
Criminal Laws v. Civil LawsParties involved in legal action
Criminal cases –Prosecutor (government) brings charges against the defendant
Civil Cases – Plaintiff files a lawsuit against the defendant
Criminal Laws v. Civil LawsBurden of Proof
Criminal-beyond a reasonable doubt (90% certain the accused committed the crime)
Civil- by a preponderance of the evidence (51% certain the accused is responsible)
ConstitutionHighest law in the landBasic Framework of our governmentBill of Rights- 1st 10 amendments to the
Constitution –defines and guarantees fundamental rights and liberties of all Americans
Branches of Government
Branches of GovernmentLegislative- Constitutional lawmaking power-
Congress passes laws (statutes)Executive- assist in the enforcement of laws-
president and federal agenciesJudicial- court rulings (precedents) have the
effect of laws
Legislative BranchMakes the Laws
Legislative BranchMakes the Laws
435 Members in the House of Representatives
100 members in the Senate
Executive Branch- President Obama and Vice Pres Biden
Executive Branch- White House
Judicial Branch- Supreme Court
Checks and BalancesSeparation of powers among the three
branches of governmentDesigned to prevent one branch from
becoming too powerful and abusing its power
Checks and BalancesImportant checks that affect lawmaking
power:Legislative - approve appointments of federal
judgesExecutive- veto power- reject a lawJudical – judicial review- declare laws
unconstitutional Enables a court to cancel any law passed by
Congress or a state legislature if it conflicts with the nation's highest law
FEDERALISMDivision of power between states and federal
governmentAreas of federal lawmaking authority are
listed in the ConstitutionThe remaining powers are delegated to the
states.
Limited GovernmentConcept that governments derive their just powers from the consent of the governed
Criteria for Effective Laws FairUnderstandable to the PublicEnforceableExpected to solve a problem