Basis of Laws

Law and Justice

Brainstorm a list of 10 things you do EVERY DAY.

Choose 5 from your list and complete this table:

Every day action Influenced by which laws?

Why do these laws exist?

Example: Shower Clean water regulations Public health/safety

Spring 2014 – 4th periodEvery day action Influenced by which

laws?Why do these laws exist?

Example: Shower Clean water regulations Public health/safety

Read Right to educationFreedom of pressEducation policies and drop out restrictions

Equal opportunity Public order

Dancing Right to rest and leisureFreedom of expression

HealthFootlooseIndividual freedoms/liberties

Sleep Rest and leisureLabor laws

Public health/safety

Breathing Clean air regulationsRight to life (14th amendment)

Public health/safety

Working out WCPSS laws Athletic Compliance Practice Hour Limit

Public health/safetyIndividual freedoms

Spring 2014 – 3rd pdEvery day action Influenced by which

laws?Why do these laws exist?

1. Drive Driving agesDMV licenses Traffic laws – punishments

Protect drivers and pedestrians

2. Use the internet Privacy – possible government surveillanceCyber laws/tortsCopyright/plagiarism

Protects right to privacyCreate and protects jobsProtects identity/personal property/intellectual property

3. Sleep Mattress/good regulationsRest and leisure – laws on hours/day you workLaws on resale of mattresses

SafetyNot overworked – HRProtects sanitation/health

4. Phone usage 1st Amendment – freedom of speechPrivacy – NSA surveillance GPS tracking – find my iphoneTexting/calling and driving

Public safetyPrivacy

5. Getting dressed Indecent exposureSchool uniforms (rules)Laws on clothing manufacturing

Lawful moralityPrivacyLabor laws/Human rights

Laws Formal system of

rules/guidelines that govern behavior. Keep peace Prevent violence Set rules for resolving

noncriminal acts Set punishments

(sanctions) Administration of

justice via law enforcement agencies and courts

“Good”Laws

Fair and Equal

Reasonable

Understandable

Enforceable

Where do our laws come from? Hammurabi’s Code (1760 BCE)

1st known written code of laws Very harsh penalties – “an eye for an eye”

Stuff You Missed in History Class– Hammurabi’s Code Write your responses (no complete sentences needed)

1. What was the purpose of placing the code in a public place?

2. Why do historians think that Hammurabi’s code was supplemental to another code of laws/legal system?

3. Why is evidence so imperative for accusations?4. What were the 2 ways “justice” was executed?5. What does lex talionis mean?

Where do our laws come from? Ten Commandments

(1300 BCE) Hebrew Bible Freedom of religion Morality reflects many

religious teachings Morality influences

laws

Pick 2 commandments and provide evidence for their influence on current laws: I. Thou shalt have no other gods before me. II. Thou shalt not make unto thee any graven image. III. Thou shalt not take the name of the Lord thy God

in vain. IV. Remember the Sabbath day, keep it holy. V. Honor thy father and thy mother. VI. Thou shalt not kill. VII. Thou shalt not commit adultery. VIII. Thou shalt not steal. IX. Thou shalt not bear false witness against thy

neighbor. X. Thou shalt not covet (to feel desire for what others

have).

Commandment Current ImplicationsI. Thou shalt have no other gods before me.II. Thou shalt not make unto thee any graven image.

III. Thou shalt not take the name of the Lord thy God in vain.

IV. Remember the Sabbath day, keep it holy.V. Honor thy mother and father.VI. Thou shalt not kill.VII. Thou shalt not commit adultery.VIII. Thou shalt not steal.IX. Thou shalt not bear false witness against thy neighbor.

X. Thou shalt not covet.

Where do our laws come from? Draco’s Code (621 CE)

Ancient Greece VERY harsh, said to be written in “blood,” death

was a common punishment “draconian” – excessively harsh/severe

Justinian Code (533 CE) Ancient Rome Organized previously confusing Roman law Adopted by Catholic Church (canon law)

Where do our laws come from? English Law

“common law” – law based on court decisions rather than legal code (uses precedents and past decisions)

Included basic principles of current law (trial by jury, innocent until proven guilty)

Influenced American lawPlaque in Jamestown,

VA

Where do our laws come from? US Constitution (1788)

Outlines the duties and limitations of the branches of gov’t

Article

Outlines…

I Role of legislative branch (Congress)

II Role of executive branch(POTUS/VP)

III Role of judicial branch(Supreme Court and Justices)

IV Relationship between federal gov’t and states

V How to pass amendments

VI Supremacy Clause

VII Signers

Where do our laws come from? US Bill of Rights (1791)

Outlines individual/state freedoms and rights

I. Freedom of speech, religion, press, assembly, and petition

VI. Right to a fair, speedy trial with a jury

II. Right to bear arms VII. Rights in civil cases, can have jury if amount disputed is more than $20

III. No housing of soldiers during peacetime

VIII.

No cruel, unusual punishments

IV. Proper searches and seizures IX. Protection of individual rights not explicitly stated in Constitution

V. Rights in criminal cases (due process of law, no self-incrimination, no double jeopardy, grand jury decides indictments in federal trials) and eminent domain (gov’t can’t take your property without proper compensation)

X. Protection of state’s rights

Civics Vocabulary Legislative branch of US gov’t – makes laws

Congress – Senate and House of Representatives

Bill – a proposed law.

Legislation – a statute; a law that has been passed by a legislature

Legislature – a body of officials that write bills and pass bills into laws. Federal Congress North Carolina General Assembly

Legislator – a member of a legislature (a lawmaker)

Law Type Explanation Examples

Statutes

Made by legislatures.

Start as bills

Ordinance – a statute passed by local gov’t

Federal – Civil Rights Act (1964), No Child Left Behind (2002), Affordable Care Act (2010)

State - NC ban on smoking in public places (2010), NC Amendment One (bans same-sex marriage, 2011)

Local ordinances – leash laws, water restrictions

Common Law

Based on precedents

Precedent – previous court ruling used to make future rulings

If a school system tried to segregate students, a judge would force integration due to the Brown v. Board of Education 1954 decision.

Town of Apex Ordinances

Law Category

Explanation Example

Criminal Outlines crimes (felonies and misdemeanors) and punishments

Felonies – murder, rape, some drug cases

Civil Settle disputes/disagreements between people (torts, family law, etc)

Small claims court shows – “Judge Judy”

Child custody disputes

Constitutional

Outlined in the Constitution (freedoms in the Bill of Rights, duties of the branches of gov’t)

Right to freedom of speech, religion, and press

Administrative

Laws, called regulations, made my federal agencies (FDA, FAA, EPA, etc)

EPA makes regulations for the disposal of nuclear waste

International

Governs interactions between countries (treaties, war laws, etc)

NAFTA between US, CA, and MX

Kyoto Protocol – regulates gas emissions (US didn’t sign)

Supremacy Clause US Constitution, federal statutes, and US treaties

are the “highest law in the land.”

If a state law or constitution contradicts a constitutional federal law, state judges are required to uphold the federal law. For example, the Affordable Care Act is a federal statute.

Therefore, states cannot pass laws that affect the ability to carry out and enforce the law, such as a $500 fine for any persons signing up on the health care exchange.

HOT DEBATE: What about the 10th Amendment and states’ rights?

Judicial Review The power of the Supreme Court to ultimately

decide constitutionality of federal legislation/laws. Issues surrounding the Supremacy Clause and 10th

Amendment are often decided by the Supreme Court using the power of judicial review.

For example, some states claimed the 2010 ACA was unconstitutional because it infringed on state and individual rights. In 2012 with a 5-4 decision, the Supreme Court upheld the constitutionality of the law.The Constitution, the Articles, and Federalism: Crash Course (13

min)