UNIT 1

1. UNIT 1 INTRODUCTION TO LAW

2. LAWS AND VALUES • PROTECT 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)

3. HUMAN RIGHTS • UNIVERSAL DECLARATION OF HUMAN RIGHTS • Right to liberty, education, political and religious freedom, and economic well-being • Right to participate in the political process • Bans torture

4. KINDS OF LAWS • CRIMINAL • Liberty is at stake • Burden of proof: beyond a reasonable doubt • Felonies • Misdemeanors • CIVIL • Liberty is not a stake • Burden of proof: preponderance of the evidence • Lawsuits

5. THE SIMPSON CASE

6. OUR CONSTITUTIONAL FRAMEWORK • LIMITED 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)

7. LAWMAKING • LEGISLATURES • Lawmakers elected by U.S. citizens • Federal, State and Local levels • Statutes and ordinances • Federal law reigns supreme (Article VI) • Judges-determining legislative intent • AGENCIES • Executive Branch • Granted power to make law by Legislative Branch • COURTS • Judicial decisions set precedent in the law (English Common Law) • Interpretation of the law by the court can overturn laws and executive actions (Judicial Review)

8. INTERNATIONAL LAWMAKING • United Nations • UNESCO, IMF, WTO, World Bank, WHO, UNICEF, ILO, World Court • Treaties • Extradition

9. SETTLING DISPUTES • METHODS OF DISPUTE RESOLUTION • Informal Talk • Negotiation • Mediation • Arbitration • Court Action

10. THE COURT SYSTEM • TRIAL COURTS • Dispute between parties • Criminal (Prosecutor v. Defendant) • Civil (Plaintiff v. Defendant) • Adversarial System • Inquisitional System (used in Europe)

11. JURY TRIALS • SIXTH AMENDMENT • Right to Counsel • Right to a jury trial in criminal cases • SEVENTH AMENDMENT • Right to a jury trial in civil cases • Ohio: $10,000 or more in dispute requires jury trial • PLEA BARGAIN

12. JUDGE JUDY

13. APPEALS COURT • Hearings to determine whether to review a court decision • Typically, a panel of three or more judges • Precedent setting • Usually correcting an error of law or judicial mistake or Upholding a decision • MAJORITY, CONCURRING, AND DISSNETING OPINIONS

14. FEDERAL COURTS

15. OHIO COURTS

16. TRIBAL COURTS • FELONY/FEDERAL JURISDICTION • MISDEMEANOR/TRIBAL JURISDICTION

17. U.S. SUPREME COURT

18. U.S. SUPREME COURT • Hear cases that deal with controversial state or critical national issues • 99% of petitions for certiorari are denied • Rule of Four • Common cases deal with civil liberties, tort law and federalism • If court refuses to hear case, lower court ruling stands • Stare Decisis/sets precedent

19. INTERNATIONAL COURTS • INTERNATIONAL COURT OF JUSTICE • Also known as the World Court • Under the jurisdiction of the United Nations • Located at The Hague, Netherlands • Crimes against humanity, genocide, war crimes