UNIT 1

INTRODUCTION TO LAWUNIT 1LAWS AND VALUESPROTECT HUMAN RIGHTS (Bill of Rights)PROMOTE FAIRNESS (14th Amendment)RESOLVE CONFLICTS (11th Amendment)PROMOTE ORDER AND STABILITY (Supremacy Clause)PROMOTE DESIRABLE SOCIAL AND ECONOMIC BEHAVIOR (Laws and Regulations)MAJORITY RULES V. MINORITY RIGHTS (U.S. Supreme Court)HUMAN RIGHTSUNIVERSAL DECLARATION OF HUMAN RIGHTSRight to liberty, education, political and religious freedom, and economic well-beingRight to participate in the political processBans torture

KINDS OF LAWSCRIMINALLiberty is at stakeBurden of proof: beyond a reasonable doubtFeloniesMisdemeanors

CIVILLiberty is not a stakeBurden of proof: preponderance of the evidenceLawsuitsTHE SIMPSON CASE

OUR CONSTITUTIONAL FRAMEWORKLIMITED GOVERNMENT (King George III)SEPERATION OF POWERS (King George III)CHECKS AND BALANCES (Prevent government abuse, misconduct and incompetence)JUDICIAL REVIEW (Marbury v. Madison (1803))FEDERALISM (Federal Power v. State Power/10th Amendment)BILL OF RIGHTS (King George III)LAWMAKINGLEGISLATURESLawmakers elected by U.S. citizensFederal, State and Local levelsStatutes and ordinancesFederal law reigns supreme (Article VI)Judges-determining legislative intentAGENCIESExecutive BranchGranted power to make law by Legislative BranchCOURTSJudicial decisions set precedent in the law (English Common Law)Interpretation of the law by the court can overturn laws and executive actions (Judicial Review)INTERNATIONAL LAWMAKINGUnited NationsUNESCO, IMF, WTO, World Bank, WHO, UNICEF, ILO, World CourtTreatiesExtradition

SETTLING DISPUTESMETHODS OF DISPUTE RESOLUTIONInformal TalkNegotiationMediationArbitrationCourt ActionTHE COURT SYSTEMTRIAL COURTSDispute between partiesCriminal (Prosecutor v. Defendant)Civil (Plaintiff v. Defendant)Adversarial SystemInquisitional System (used in Europe)

JURY TRIALSSIXTH AMENDMENTRight to CounselRight to a jury trial in criminal cases

SEVENTH AMENDMENTRight to a jury trial in civil casesOhio: $10,000 or more in dispute requires jury trial

PLEA BARGAINJUDGE JUDY

APPEALS COURTHearings to determine whether to review a court decisionTypically, a panel of three or more judgesPrecedent settingUsually correcting an error of law or judicial mistake or Upholding a decision

MAJORITY, CONCURRING, AND DISSNETING OPINIONS

FEDERAL COURTS

OHIO COURTS

TRIBAL COURTSFELONY/FEDERAL JURISDICTIONMISDEMEANOR/TRIBAL JURISDICTION

U.S. SUPREME COURT

U.S. SUPREME COURTHear cases that deal with controversial state or critical national issues99% of petitions for certiorari are deniedRule of FourCommon cases deal with civil liberties, tort law and federalismIf court refuses to hear case, lower court ruling standsStare Decisis/sets precedent INTERNATIONAL COURTSINTERNATIONAL COURT OF JUSTICEAlso known as the World CourtUnder the jurisdiction of the United NationsLocated at The Hague, NetherlandsCrimes against humanity, genocide, war crimes