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 System

1.
2.
3.
4.
5.
6.
7.

Protecting basic human rights

Promoting fairness
Helping resolve conflicts
Promoting order and stability
Promoting desirable social and economic behavior.
Representing the will of the majority
Protecting the rights of minorities

LAW AND VALUES

LAWS ARE CREATED TO REFLECT AND PROMOTE
A SOCIETYS 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

Economic
values

Political values
Social Values

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

Social values
Important
Issues
Change over
Time
Laws encourage
values
Punishments 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
societys 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 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"

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

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

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

Types of Laws
Statute

National or State passed by

Legislature
Ordinance

Enacted by local authority

enforced only in that small area
Policy

(school)

enacted by an institution

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.

CHAPTER 4
SETTLING DISPUTES

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 - Preparation
1.
2.
3.
4.

All parties should have a sincere interest in settling dispute

Identify issue causing the conflict
Consider issue from the other side
Identify two workable solutions to resolve problem

Phase 2 - Negotiation
1.
2.
3.

Work together to identify issue causing conflict

After identifying issues, parties should work together to create
a list of possible solutions (Identify 2-3 most workable)
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

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?