Economics chapter 2

Why does law exist

-as law has evolved, different THEORIES HAVE EMERGED
-people want to know WHY LAW EXISTS

Natural law

-law is strictly a response to what is happening in the moment
- ex. texting while driving

consensus theory

-Individuals in society agree on basic values, on what is right and wrong
- the laws express THEIR VALUES
- society agrees and makes these laws to prohibit defiant behavior
- the US is more consensus theory

conflict theory

-laws established to keep dominant class in power
-not as humanitarian
- regards punishment as a way to control the lower class; not as a way of providing social solidarity
- China and Russia are more conflict theory

Basic purpose of the US Legal System

To ensure FAIRNESS in balancing INDIVIDUAL and SOCIETAL rights and needs, while preventing EXCESSIVE GOVERNMENT POWER.

what is the meaning of the scales of justice

-keeping INDIVIDUAL AND SOCIETAL needs at balance
-this balance is created by... the passage of new laws and the continual evolution of existing laws
-societal changes require legal changes
- process is an endless cycle effort to achieve the balance of justice and due process

the law defined

-in the us law is created by the LEGISLATIVE branch empowered by the PEOPLE
- PROMULGATE means to make laws through a legal process
-american law must be enforced through legal means

promulgate

to make laws through a legal process

what influenced our legal system?

- roman law
- England's common law- decisions of cases heard became the basis for how other cases were to be decided
- term for this in American legal system is CASE LAW

stare decisis

"let the decision stand"

bill

a proposed law, name of law before it starts or is processed

how does a bill start

starts with a proposed idea by either the people, congress, or the president
- sponsors: senators or house of reps (congress)
- there are 22 committees in the house of reps and 15 in the senate

Process of a bill in the house

-bill Is introduced
and assigned to a committee which refers to a subcommittee, only members can introduce bills and they are put in a hopper or box with a number before being sent

-Subcommittee: members study the bill, hold hearings, debate provisions, mark it up, if it passes it goes to committee

Committee: full committee considers the bill, if approved in some form it goes to the rules committee

Rules Committee: issues a rule to govern debate on the floor, sends it to full house

Full House: debates the bill, can amend it, if it is different from the senate version it must go to a conference committee

(Conference committee: senators and reps meet to reconcile differences between bills, when agreement is reached, compromise bill is sent to full senate )

-Full house: votes on bill, if it passes it goes to the president

President- can sign or veto the bill, congress can override with 2/3 majority in the house and senate, president can sign, veto, or do nothing

process of bill in senate

-bill is introduced and assigned to a committee which refers to a subcommittee

- Subcommittee: members study the bill, hold hearings, debate provisions, mark it up, if it passes it goes to committee

-Committee: full committee considers the bill, if approved in some form it goes to the rules committee

-full senate: debates the bill, may amend it, if different from the house version, must go to conference committee

- Conference committee: senators and reps meet to reconcile differences between bills, when agreement is reached, compromise bill is sent to full senate )

- Full Senate: votes on bill if it passes it goes to president

- president: can sign or veto the bill, congress can override with 2/3 majority in the house and senate, president can sign, veto, or do nothing

precedent

an example or guide of how something should be

Moore v. City of Albany (1885)

"when the court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases where facts are substantially the same."
- When a legal principle has been determined by a higher court, lower courts must apply it
-this doctrine does not however, prevent the law from changing or reconsidering
matters
-Facts will always be interpreted in a way that will be best for society and parties
involved
- basically case law or stare decisis

American law is considered living law because

IT CAN CHANGE WITH SOCIETY

13th- abolished slavery
14th- equal protection
15th- right to vote regardless of race
19th- right to vote for women

categorizing law

who? - JURISDICTION
whoever makes the law is whichever group has jurisdiction

how the law is to be enforced is found in

PROCEDURAL LAW
ex. how and when police can stop people

a public wrong is

CRIMINAL
criminal laws consider THE SOCIETY AS THE VICTIM
wrongs that disrupt the community are CRIMES
the cases are named the GOVERNMENT vs the DEFENDENT

criminal laws are found in each states

penal codes

a private wrong is

a CIVIL case and only affects INDIVIDUALS and effects only them
the wrong is called a TORT
these cases are named the PLANTIIF vs THE DEFENDANT
GOVERNMENT is usually not involved

plantiff

a person who brings a case against another in a court of law.

defendant

an individual or group being sued or charged with a crime

act may be both tort and a crime

ex drunk driver causing a crash can be accused of both driving under the influence and the injuries caused on others

degree of certainty

criminal/ public- the government must prove its case BEYOND A REASONABLE DOUBT (99 percent agree of certainty)

civil/private- the plaintiff must prove their case by a preponderance of evidence (more likely than not or 51% degree of certainty)

components of the legal system

article 3 established the judicial branch
-Supreme Court
-state supreme courts and inferior courts

the courts two main functions are

- to settle controversies between parties
- decide the rules of law

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

appellate juridiction

authority of a court to hear an appeal from a lower court

general jurisdiction

court that can hear almost any kind of case

limited jurisdiction

a court's power to hear only specialized cases

exclusive jurisdiction

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

concurrent jurisdiction

power shared by federal and state courts to hear certain cases

jurisdiction can be referred to a geographical area also called

venue

us judicial system is

two tiered
-federal court system
-state court system
-each level has three levels of court
- a lower level trial court (trial court) (district)
an appellate court
and a court of last resort (Supreme Court)

State Court System

deals with local, county, and state issues and disputes

federal court system

decides dispute's involving the constitution or laws passed by congress

order of the courts

district (trial court, at least one judge, 12 jurers)
appeals (3 judges, no jury )
supreme( 9 judges, justices, no jury)

when the president decides to not do anything with a bill it is called

pigeon hole or pocket veto