Intro to law notes

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

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

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 societys 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. People can hire attorneys to negotiate in situations like auto accidents. Is
important because the skills involved in handling conflict responsibly are used
everyday by people in all aspects of life Negotiation is when people try to
resolve the conflict by reaching a solution that is acceptable to all
NEGOTIATION

25. Phase 3 - Post-negotiation 1. Make final decisions 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 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 3 PHASES OF
NEGOTIATION

26. International law cases Contract and Labor Management Disputes

Common places to have an arbitration hearing: Decisions made by an
arbitrator are legally binding Arbitration is when both parties agree to have a
3rd party listen to their arguments and make a decision for them ARBITRATION
27. Mediators do not make decisions for the parties, they only help the
settlement between them Mediation is when a 3rd party helps the disputing
parties talk about their problems and settle their differences MEDIATION

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