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Objectivesl lExplain the stages in the evolution of lawl lDescribe the differences between common law and positive lawl lDescribe the difference between law courts and equity courtsHOT DEBATE!l lLets see how much you ALREADY know!l lRead and discuss the Hot Debate on page 4 with a partner.Be prepared to discuss your answer.l lYou have 5 minutes!1.WHAT IS LAW?l lLaws:enforceable rules of conduct in a societyl lReflect the culture and circumstances that Reflect the culture and circumstances that create themcreate theml lCode:laws are grouped into organized forml lKing of BabylonKing of Babylon 4000 years ago 4000 years ago Code Code of Hammurabi SAME law principlesof Hammurabi SAME law principles2.Stages of Growth of Law:How Legal Systems are Formed1.1.Individuals take revenge for wrongs done to them2.2.Awards of money or goods are substituted for revenge3.3.Court systems are formed to hear the injured4.4.A central authority figure intervenes to prevent and punish wrongs issues lawsStage 1:Taking Revengel lInjuries sustained call for personal revengel lUsually disrupt the peoples normal routine and result in harm to innocent bystandersl lOften results in one individual seizing power and exerting control to restore peace to the societyl lStill prevalent in gangsStage 2:Awarding$l lSovereign the powerful person from Stage 1 then goes on to award money or goods as a substitute for revengeStage 3:Forming Courtsl lElders or priests generally preside over these courtsl lSovereign presides over the most important casesStage 4:Preventionl lThe sovereign:l lUses the courts to prevent problems from Uses the courts to prevent problems from arisingarisingl lIssues laws to punish behaviors that injure Issues laws to punish behaviors that injure othersothers3.Common Law vs.Positive Lawl lCommon LawCommon Law:l lReflects the wisdom,or lack thereof,of Reflects the wisdom,or lack thereof,of their creatorstheir creatorsl lShould be:predictable and flexibleShould be:predictable and flexiblel lL Laws based on current standards or aws based on current standards or customs of the people customs of the people l lPositive law:Positive law:l lLaws dictated by central authority to Laws dictated by central authority to prevent disputes and wrongsprevent disputes and wrongs l lVery inflexibleVery inflexible4.Worlds Greatest 2 Systems of Lawl lEnglish Common Lawl lThe US follows this type(except LA)The US follows this type(except LA)l lJurisdiction evolved:the power to decide a Jurisdiction evolved:the power to decide a casecasel lUniform and consistentUniform and consistentl lRoman Civil Lawl lLA uses LA uses l lIndividual attentionIndividual attention5.Equity:An Alternative to Common Lawl lCommon laws follow precedent(use prior cases to help determine new cases).l lDisadvantage of common law:you had to wait until injury actually occurred to take legal actionl lEquity Law(meaning FAIR):You can take legal action to prevent wrongdoingsl lInjunction an order that prohibits something Injunction an order that prohibits something from being donefrom being doneThink about itl lWhy do societies need laws and courts?l lLaws-To protect individuals and settle Laws-To protect individuals and settle disputes between individualsdisputes between individualsl lCourts -settle disputes,award damages,Courts -settle disputes,award damages,prevent/punish wrongsprevent/punish wrongsThink about itl lDifferences between law courts and equity courtsl lLaw courts follow precedents AFTER an injury Law courts follow precedents AFTER an injury has occurredhas occurredl lEquity courts follow precedents but can also Equity courts follow precedents but can also issue injunctions to stop actions in order to issue injunctions to stop actions in order to PREVENT harm from being done.PREVENT harm from being done.Quick Content Check!l lList the 4 stages of how the legal system evolved.l lWhat are some differences between common law and positive law?l lDescribe the difference between law courts and equity courts.TO DO LIST:l lPage 8:Questions,1,2,4,6,7,8l lStages of Law Cartoonl lCreate a cartoon strip depicting the FOUR Create a cartoon strip depicting the FOUR stages of growth of law.stages of growth of law.l lUse paper,pencils,markers or technology Use paper,pencils,markers or technology provided.provided.l lYour cartoon strip MUST include Your cartoon strip MUST include AT LEAST 4AT LEAST 4 slidesslidesl lMake sure to accurately represent EACH stage of Make sure to accurately represent EACH stage of growth!growth!Lesson 1-2 Objectivesl lExplain how constitutional,statutory,case,and administrative laws are createdl lExplain how to resolve conflicts between constitutional,statutory,case,and administrative lawsl lDescribe the differences between criminal and civil,substantive and procedural,and business and other forms of lawHierarchy of Lawa.a.Constitutionsb.b.Statutesc.c.Administrative Regulationsd.d.Cases6.Constitutionsl lConstitutional lawConstitutional law:when constitutions are:when constitutions are adopted or amended or when the courts adopted or amended or when the courts interpret the Constitutioninterpret the Constitutionl lA constitution is a document that sets forth the A constitution is a document that sets forth the framework of a gov.and the relationship to people it framework of a gov.and the relationship to people it governsgovernsl lUS Constitution and state constitutions allocate US Constitution and state constitutions allocate powers between:powers between:1.1.People and their government Bill of RightsPeople and their government Bill of Rights2.2.State and federal government regulate foreign and State and federal government regulate foreign and interstate businessinterstate business3.3.Three branches of government maintain balance of Three branches of government maintain balance of powerpowerTypes of Lawsl lWhat types of laws do you follow on a daily basis?l lStatutes:laws enacted by state and federal legislaturesl lGive 3 examples!Give 3 examples!l lOrdinance:legislation at the local levell lGive 3 examples!Give 3 examples!Administrative Agencies:l lGovernmental bodies formed to carry out particular lawsl lEPA,Social Security Administration,IRS,EPA,Social Security Administration,IRS,DMVDMVl lCreates rules and regulationsCreates rules and regulationsl lSupervised by the governor,mayor,or presidentCase lawl lUsually made after a trial has ended and one of Usually made after a trial has ended and one of the parties has appealed the result to a higher the parties has appealed the result to a higher courtcourt(but the Supreme Court can change its(but the Supreme Court can change its mind later!)mind later!)l lAppellate court(court that hears the appeal)Appellate court(court that hears the appeal)publishes its opinion on the casepublishes its opinion on the case used in used in future similar court casesfuture similar court casesl lStare decisisStare decisis:legal doctrine that requires lower legal doctrine that requires lower courts must follow established case law in courts must follow established case law in deciding similar cases deciding similar cases lIn This Case,page 107.What Happens When Laws Conflict?l lLaws made by different levels of government Laws made by different levels of government may conflictmay conflictl lConstitutions and ValidityConstitutions and Validity:l lSupreme law of the landSupreme law of the land nothing may conflict nothing may conflict with itwith itl lUnconstitutional:Unconstitutional:law is invalid because it conflicts law is invalid because it conflicts with constitutionwith constitutionl lStatutes and validityStatutes and validityl lMUST be constitutionalMUST be constitutionall lMust NOT conflict with higher level of govMust NOT conflict with higher level of gov8.Statutes and Validityl lAre either of the following examples legal/valid?:l lA city enacted a law making it illegal to sell gasoline for more than$1/gallon.l lA city enacted a law making the death penalty mandatory for persons who commit murder within the city limits.9.Law and Validityl lCourts are NOT the final authority on effect of statutesl lLegislative bodies can nullify a courts interpretation by abolishing or rewriting itl lPeople have power to amend constitutionl l16th amendment16th amendment income taxes income taxesl l21st amendment21st amendment repeal of prohibition repeal of prohibitionWhat are the main types of laws?l lREAD:Whats your verdict,pg 1110.Criminal vs.Civil Laws:l lCivil laws:Civil laws:group of laws that redress wrongs group of laws that redress wrongs against individual persons/propertyagainst individual persons/propertyl lWhen private legal rights or property of an When private legal rights or property of an individual are violatedindividual are violatedl ldefendant losesdefendant loses liable(must compensate)liable(must compensate)l lCriminal LawCriminal Law:when citizens right to live in:when citizens right to live in peace is violatedpeace is violatedl lCrime:offense against societyCrime:offense against societyl lActing in the name of the people,gov investigates Acting in the name of the people,gov investigates wrongdoing and will prosecutewrongdoing and will prosecutel lLoss=ConvictionLoss=Convictionl lCrime may be both civil and criminalCrime may be both civil and criminall l OJ Simpson OJ SimpsonAccording to the FBI(2019)School violence-youthviolence.edschool.virginia.edu/violence-youthviolence.edschool.virginia.edu/violence-in-schools/national-statistics.html in-schools/national-statistics.html 1.1.Which school has the most bullying in it?2.2.Which school is most likely to have gang activity?3.3.Which school has the most colt or extremist activity?4.4.Which gender is more likely to bring a gun to school?Percentage of students in grades 9-12 who reported Percentage of students in grades 9-12 who reported carrying a weapon at least 1 day during the previous 30 carrying a weapon at least 1 day during the previous 30 days,by location and sex:Various years,1993-2019days,by location and sex:Various years,1993-2019The U.S.is worlds leading incarceratorl lU.S.rate of incarceration of 941 inmates per 100,000 population record highl lThe U.S.now locks up its citizens at a rate SIGNIFICANTLY higher than that of other industrialized nationsl lFor every 100,000 population:l l139 in England/Wales139 in England/Walesl l116 in Canada116 in Canadal l91 in Germany91 in Germanyl l85 in France85 in France11.Procedural vs.Substantive Laws:l lProcedural lawProcedural law:deals with methods of enforcing:deals with methods of enforcing legal rights and dutieslegal rights and dutiesl lSpecify how and when police can make arrests and what Specify how and when police can make arrests and what methods can be used in trialmethods can be used in triall lDetermine equitable remediesDetermine equitable remediesl lExamplesExamplesl lSubstantive lawSubstantive law:defines YOUR rights and duties:defines YOUR rights and dutiesl lAll rules of conduct for citizensAll rules of conduct for citizensl lDefines offensesDefines offenses murder,theft,vehicular homicide,murder,theft,vehicular homicide,breach of contract,negligencebreach of contract,negligence12.Business Law:l lCovers all business situations and transactions Covers all business situations and transactions l lMost business transactions involve merchant and Most business transactions involve merchant and consumerconsumerl lConcerned mostly with civil law,especially contractsConcerned mostly with civil law,especially contractsl lTortTort:unintentional violation of another persons rights,:unintentional violation of another persons rights,usually due to negligence.This is a form of civil usually due to negligence.This is a form of civil offenses and damages can be recovered.offenses and damages can be recovered.l lMay also be governed by criminal lawMay also be governed by criminal lawl lLaws vary from state to stateLaws vary from state to state must be constitutional must be constitutionall lUniformity is becoming more and more important!Uniformity is becoming more and more important!TO DO LIST:l lQuestions 1-14,pg 13l lFINISH Stages of Law Cartoons/Worksheetl lCh 1-1 quiz tomorrowl lCh 1-2 quiz Mondayl lTEST TUESDAYCh 1-2 Review:l lReview/Re-read:Concepts in Brief,pg 14l lComplete:Vocab,pg 14l lCh 1-2 Review sheet AND l lAnswer questions:16,19,20,22,27,29,31,32,33 pg 15-16谢谢你的阅读v知识就是财富v丰富你的人生 更多精品资请访问更多精品资请访问 更多品资源请访问更多品资源请访问
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