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Laws usually reflect societies
values
Ehsan Kabir Solicitor
Law
• The study of Law and/or Legal
Philosophy
Jurisprudence
• The rules and regulations made and enforced by
government that regulate the conduct of people
within a society
What is Law
• Laws are basically rules. You have had rules all your life
from home to school.
• Rules made and enforced by the government are called
laws.
• Laws affect almost every aspect of daily life.
• All societies have had laws and understood the
importance of them.
• Not all laws are fair or good but the goal is order and
the protection of all citizens.
• A democracy must be based on the “Rule of Law”.
Basically all citizens are required to obey laws
Problem
• List 10 of your daily activities. Next to each
item, list any laws that affect that activity.
What is the purpose of each law, would you
change any of the laws, why or why not, and
finally identify the laws as Federal, State, or
Local.
Law and Values
• Laws usually reflect
societies values and are
based on common law.
• Not everything that is
immoral is illegal… laws
can not regulate
everything nor can
they be held to a
certain religions beliefs
[separation of church
and state]
• Our legal system’s goals:
• Protect basic human rights
• Promote fairness
• Help resolve conflict
• Promote order and stability
• Promote desirable social and
economic behavior
• Represent the will of the
majority
• Protect the rights of the
minority
Law and Values cont.
• Laws must balance
Rights with
Responsibilities
– The will of the
majority with the
rights of the
minority
– the goal is to
protect people
and resolve
conflicts
– This does not
mean everything,
or life, is fair only
the attempt to
be equitable
• Laws are based on:
• Moral Values
• Economic Values
• Political Values
• Social Values
• Some values may interfere with other values
[laws]
• Some believe we have to sacrifice some
liberty for security
• People disagree on what role the law can
play in solving all problems [example of
drugs] Experience shows there is a limit to
what laws can reasonably be expected to do
Problem | The Shipwrecked Sailors
Problem - “The Shipwrecked Sailors”
a. Should Dudley and Stephens be tried for murder? Explain.
b. As an attorney for Dudley and Stephens, what arguments
would you make on their behalf? As an attorney for the
government, what arguments would you make on the
government’s behalf?
c. If Dudley and Stephens are convicted, what should their
punishment be?
d. What purpose would be served by convicting Dudley and
Stephens?
e. What is the relationship between law and morality in this
case? Was it morally wrong for Dudley and Stephens to
kill Brooks? Explain.
f. Can an act be legal but immoral? Can an act be morally
right but unlawful? Explain
Problem
a. Identify a problem for which we need a law.
Explain
b. Identify an existing law that is not necessary.
Explain
Human Rights
• Rights all people have simply because they are
human beings
“Reservations”
• The legal way of making provisions passed by the
United Nations, Treaties, or International Law less
enforceable than it might other wise be.
Balancing Rights with Responsibilities
• Too concerned with rights while neglecting
responsibilities
• You must be willing to participate in
government as well as receiving benefits
• Act responsibly…. Parents, drivers, taxes
• Just because you have a right doesn’t mean
you should act immorally
• The correct balance between rights and
responsibilities is a difficult journey
Problem | The Apathetic Bystanders
a. Why do you think the bystanders took no action to help Kitty?
b. Did the bystanders commit a crime by not acting? Give your
reasons.
c. Did the bystanders do the “right” thing?
d. Should the law hold citizens responsible for not helping out in
cases such as this one?
Criminal Laws
• Regulate public conduct and set out duties owed
to society.
Felonies
• More serious crime… with a possible penalty of
more than one year in jail
Misdemeanors
• Less severe crime…. with a possible penalty of up
to a year in jail.
Civil Laws
• Regulate relations between individuals or groups
of individuals
Civil Action
• A lawsuit brought by one person who feels
wronged or injured by another person
Defendant
• The person accused of a crime in a criminal case,
or the person being sued in a civil case.
• The person harmed that files a lawsuit. The
person that sues.
Plaintiff
Beyond a Reasonable Doubt
• Standard of proof in a Criminal trial. It means the if the
jury has any reasonable doubts about the defendants
guilt they must vote to acquit.
Preponderance of the Evidence
• Standard of proof in a Civil trial. It means that all the
judge or jury has to do is decide if it is more likely than
not that the defendant wronged the plaintiff.
• The person that represents the “state” in a criminal
trial that tries to prove the guilt of a person.
Prosecutor
Criminal v. Civil Law
Event Criminal Law Civil Law
What is the purpose of the case Punish the perpetrator Benefit the victim
Who is the plaintiff/prosecutor The State The Victim
Who is the defendant The perpetrator [person who
committed the crime]
The perpetrator [person who
committed the wrong]
What is the victim’s role in the
case
Possibly a witness A party and a witness
Who decides to bring a case The district attorney or
prosecutor
The victim [the person wronged]
What standard is required to
prevail
Beyond a reasonable doubt Preponderance of the evidence
What is the punishment if the
defendant loses
Any of following: jail time,
probation, community service,
fines, sex offender list, etc.
Judgment or settlement
requiring Defendant to pay the
victim.
What rights does the
perpetrator-defendant have?
Right to state-paid defense
attorney;
Right to remain silent;
Right to not testify
None of these.
Problem
a. List all the things you think Matt and Kenji did
wrong.
b. What laws are involved in this story?
c. Which of these are criminal laws? Which are
civil laws?
Limited Government
• Government is limited by the people or a
document. Our constitution is an example.
Separation of Powers
• The division of power between our three branches of
government. Make Laws/ Enforce Laws/ Interpret Laws
Statutes
• Laws passed by the government. The legal term for a
laws by the Federal or State governments. Local laws
are called ordinances.
• Oversight of each branch over the other two
branches.
Checks and Balances
Veto
• Check from the President on Congress… stops a
law and sends it back to Congress
Judicial Review
• Supreme Court check on Congress… makes a law
Unconstitutional
Unconstitutional
• A law that is in violation of the constitution
• Division of power between a Central government
and Local governments
Federalism
Problem
a. A state law requires that a prayer be said each
day in public schools. The courts rule that the
law violates a First Amendment clause that
prohibits the government from establishing a
religion.
b. The U.S. Congress passes a law requiring that
Supreme Court sessions be televised.
c. Because a prison is very old and overcrowded, a
state court orders the state legislature to spend
$100 million on a new prison.
Thank You

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Ehsan Kabir Solicitor | Laws usually reflect societies values

  • 1. Laws usually reflect societies values Ehsan Kabir Solicitor
  • 2. Law • The study of Law and/or Legal Philosophy Jurisprudence • The rules and regulations made and enforced by government that regulate the conduct of people within a society
  • 3. What is Law • Laws are basically rules. You have had rules all your life from home to school. • Rules made and enforced by the government are called laws. • Laws affect almost every aspect of daily life. • All societies have had laws and understood the importance of them. • Not all laws are fair or good but the goal is order and the protection of all citizens. • A democracy must be based on the “Rule of Law”. Basically all citizens are required to obey laws
  • 4. Problem • List 10 of your daily activities. Next to each item, list any laws that affect that activity. What is the purpose of each law, would you change any of the laws, why or why not, and finally identify the laws as Federal, State, or Local.
  • 5. Law and Values • Laws usually reflect societies values and are based on common law. • Not everything that is immoral is illegal… laws can not regulate everything nor can they be held to a certain religions beliefs [separation of church and state] • Our legal system’s goals: • Protect basic human rights • Promote fairness • Help resolve conflict • Promote order and stability • Promote desirable social and economic behavior • Represent the will of the majority • Protect the rights of the minority
  • 6. Law and Values cont. • Laws must balance Rights with Responsibilities – The will of the majority with the rights of the minority – the goal is to protect people and resolve conflicts – This does not mean everything, or life, is fair only the attempt to be equitable • Laws are based on: • Moral Values • Economic Values • Political Values • Social Values • Some values may interfere with other values [laws] • Some believe we have to sacrifice some liberty for security • People disagree on what role the law can play in solving all problems [example of drugs] Experience shows there is a limit to what laws can reasonably be expected to do
  • 7. Problem | The Shipwrecked Sailors
  • 8. Problem - “The Shipwrecked Sailors” a. Should Dudley and Stephens be tried for murder? Explain. b. As an attorney for Dudley and Stephens, what arguments would you make on their behalf? As an attorney for the government, what arguments would you make on the government’s behalf? c. If Dudley and Stephens are convicted, what should their punishment be? d. What purpose would be served by convicting Dudley and Stephens? e. What is the relationship between law and morality in this case? Was it morally wrong for Dudley and Stephens to kill Brooks? Explain. f. Can an act be legal but immoral? Can an act be morally right but unlawful? Explain
  • 9. Problem a. Identify a problem for which we need a law. Explain b. Identify an existing law that is not necessary. Explain
  • 10. Human Rights • Rights all people have simply because they are human beings “Reservations” • The legal way of making provisions passed by the United Nations, Treaties, or International Law less enforceable than it might other wise be.
  • 11. Balancing Rights with Responsibilities • Too concerned with rights while neglecting responsibilities • You must be willing to participate in government as well as receiving benefits • Act responsibly…. Parents, drivers, taxes • Just because you have a right doesn’t mean you should act immorally • The correct balance between rights and responsibilities is a difficult journey
  • 12. Problem | The Apathetic Bystanders a. Why do you think the bystanders took no action to help Kitty? b. Did the bystanders commit a crime by not acting? Give your reasons. c. Did the bystanders do the “right” thing? d. Should the law hold citizens responsible for not helping out in cases such as this one?
  • 13. Criminal Laws • Regulate public conduct and set out duties owed to society. Felonies • More serious crime… with a possible penalty of more than one year in jail Misdemeanors • Less severe crime…. with a possible penalty of up to a year in jail.
  • 14. Civil Laws • Regulate relations between individuals or groups of individuals Civil Action • A lawsuit brought by one person who feels wronged or injured by another person Defendant • The person accused of a crime in a criminal case, or the person being sued in a civil case. • The person harmed that files a lawsuit. The person that sues. Plaintiff
  • 15. Beyond a Reasonable Doubt • Standard of proof in a Criminal trial. It means the if the jury has any reasonable doubts about the defendants guilt they must vote to acquit. Preponderance of the Evidence • Standard of proof in a Civil trial. It means that all the judge or jury has to do is decide if it is more likely than not that the defendant wronged the plaintiff. • The person that represents the “state” in a criminal trial that tries to prove the guilt of a person. Prosecutor
  • 16. Criminal v. Civil Law Event Criminal Law Civil Law What is the purpose of the case Punish the perpetrator Benefit the victim Who is the plaintiff/prosecutor The State The Victim Who is the defendant The perpetrator [person who committed the crime] The perpetrator [person who committed the wrong] What is the victim’s role in the case Possibly a witness A party and a witness Who decides to bring a case The district attorney or prosecutor The victim [the person wronged] What standard is required to prevail Beyond a reasonable doubt Preponderance of the evidence What is the punishment if the defendant loses Any of following: jail time, probation, community service, fines, sex offender list, etc. Judgment or settlement requiring Defendant to pay the victim. What rights does the perpetrator-defendant have? Right to state-paid defense attorney; Right to remain silent; Right to not testify None of these.
  • 17. Problem a. List all the things you think Matt and Kenji did wrong. b. What laws are involved in this story? c. Which of these are criminal laws? Which are civil laws?
  • 18. Limited Government • Government is limited by the people or a document. Our constitution is an example. Separation of Powers • The division of power between our three branches of government. Make Laws/ Enforce Laws/ Interpret Laws Statutes • Laws passed by the government. The legal term for a laws by the Federal or State governments. Local laws are called ordinances. • Oversight of each branch over the other two branches. Checks and Balances
  • 19. Veto • Check from the President on Congress… stops a law and sends it back to Congress Judicial Review • Supreme Court check on Congress… makes a law Unconstitutional Unconstitutional • A law that is in violation of the constitution • Division of power between a Central government and Local governments Federalism
  • 20. Problem a. A state law requires that a prayer be said each day in public schools. The courts rule that the law violates a First Amendment clause that prohibits the government from establishing a religion. b. The U.S. Congress passes a law requiring that Supreme Court sessions be televised. c. Because a prison is very old and overcrowded, a state court orders the state legislature to spend $100 million on a new prison.