Chapter One: You and the Law

Debate Topics:

  1. Stem Cell Research
  2. Abortion Rights
  3. Same Sex Marriage
  4. Women’s Rights
  5. Flag Burning
  6. Dr. Kevorkian “Right to Die”
  7. 2nd Amendment Rights

What is the origin of US Law?

Morality and Ethics >>> Create Laws

Morality is right and wrong. It is the values an individual is raised with that is accepted by society. South states, the Middle East, the North all have different value sets.

Ethics is the values of right and wrong derived from ones morals.

Does morality and ethics ever come in conflict? Yes, abortion rights, right to die, etc. This creates laws.

Moral Person: An individual who believes in and accepts the values of society.

Immoral Person: A person who does not abide or with intent (malice) deliberately goes against societal morals.

Amoral Person: “Sociopath”, A person who is out of touch with morality in general and has no regard for it.

Law: Set of legal principles or guidelines set forth by government that promotes the general welfare of society.

How do we make ethical decisions?

  • Feelings and opinions
  • The greatest good
  • The Golden Rule

Homework: Ch. 1 Online Read: Language of Law-Vocab

  1. unconstitutional
  2. law
  3. precedent
  4. morality
  5. constitution
  6. statute
  7. ethics
  8. legislature
  9. common law
  10. administrative law

September 20th, 2012

Aim: What are the sources of today’s laws?

  • Common Law

Derived from feudal times. Traveling judges based court decisions on customs and traditions. This was an attempt by the King to centralize power. Judges shared decisions, creating Common Law.

  • Federal and State Constitutions
  1. US Constitution (Federal): broad, basic foundation of laws. Describes structure and function of government and fundamental rights of citizens. Part 1 Articles to the Constitution and Part 2 Bill of Rights.
    1. Article 1: Legislative, Article 2 Executive, Article 2 Judicial Branch
    2. Article 4: Relations among states.
    3. Article 5: Amending process.
    4. Article 6: Supremacy Clause. No one can create own government, US gov’t supreme.
    5. Article 7: Provided for steps for ratification of the Constitution.
    6. Bill of Right Amendments 1-10. Protect fundamental rights of citizens. Today there are 26 amendments.
      1. Freedom of speech, religion, etc.
      2. Right to bear arms.
      3. Quartering soldiers.
      4. Search and seizure.
        1. Plain sight rule-probable cause when in plain sight.
        2. Cannot enter vehicle without cause.
        3. “Look suspicious” can’t result in a search
      5. Right against self-incrimination and due process
        1. Must be arraigned and a judge and grand jury must decide to go to trial. District Attorney must also agree to take the case.
        2. If not dismissed, presented with an indictment.
        3. Military courts handle military trials.
        4. Cannot be tried for same offence twice.
        5. Arraignment mus be within 48 hrs.
        6. Private property may not be taken without just compensation-eminent domain.
      6. Right to a speedy and public trial.
        1. Public broadcasting at the discretion of the judge.
        2. Open flow of witness testimony.
        3. Right to a public defender.
      7. Civil trials
        1. Can sue in court for a minimum of $20.
      8. Excessive bail shall not be required, nor cruel and unusual punishments.
      9. Enumeration in the Constitution will not deny others retained by the people
        1. Should not cause a conflict with your own rights.
      10. Reserved Powers
  • Statutes
  • Court Decisions (Case Law)
  • Administrative Law

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