Intro to Law

1. Unit 1:
Introduction to Law

2. Law: a definition
A system of “rules and regulations
made and enforced by a government
that regulate conduct of the people
within a society”.

3. Goals of the Legal System
1. 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

4. 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

5. Laws are based on 4
primary types of values
•Moral values
•Political values
•Economic values
•Social Values

6. Moral values
Ideas of Right and Wrong
Protection of Life
Severe Punishment

7. Social values
Important Issues
Change over Time
Laws encourage
values
Punishments less severe

8. Economic values
Deal with accumulation,
preservation, use,
and distribution of wealth
Laws to protect property

9. Political values
Regulate the relationship
between citizens and
government

10. Summary
Law encourages us to “do the
right thing”
&
punishes those who violate
society’s values

11. KINDS OF LAWS
-CRIMINAL LAW
-CIVIL LAW

12. 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

13. 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

14. Criminal Law
TYPES 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"

15. Purpose of Civil Law
PURPOSE 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

16. Purpose of Civil Law
BURDEN OF PROOF
• "Preponderance of evidence."
• CLAIMANT MUST PRODUCE EVIDENCE BEYOND
THE BALANCE OF PROBABILITES.
TYPE OF PUNISHMENT:
• AWARDS MONEY TO INJURED PERSON

17. “ 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

18. 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)

19. 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.

20. 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.

21. 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.

22. S E T T L I N G D I S P UT E S
CHAPTER 4

23. DISADVANTAGES OF GOING TO COURT
• Time Consuming
• Expensive
• Anger and Bitterness

24. 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.

25. 3 PHASES OF NEGOTIATION
 Phase 1 - Preparation
1. All parties should have a sincere interest in settling dispute
2. Identify issue causing the conflict
3. Consider issue from the other side
4. Identify two workable solutions to resolve problem
 Phase 2 - Negotiation
1. Work together to identify issue causing conflict
2. 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-negotiation
1. Make final decisions

26. 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

27. 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

28. COURT ACTION
 Lastly you could take court action
 Why do you think this should be the last resort?