Law Notes Ch 1_2

Law Notes Ch 1_2 - Law Notes pp 3 32 A Nature of Law and...

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Law Notes pp. 3- 32 A. Nature of Law and Legal Rights a. Legal Rights i. Right – legal capacity to require another person to perform or refrain from performing an act. Rights in America flow from documents ranging from Constitutional rights to ordinances on a local level that have been decided upon by elected officials. ii. Duty – is an obligation of law imposed on a person to perform or refrain from performing a certain act. iii. Duties and rights coexist – no right exists in one person without a corresponding duty resting on some other person or persons. b. Individual Rights i. Guaranteed by Bill of Rights ii. Duties that accompany each one, i.e. Duty to speak in a way that does not cause harm to others (under free speech) iii. Individuals are free to express their opinions, but not permitted to yell “Fire” in a crowded theatre and cause unnecessary harm to others. c. Right of Privacy i. Two Components 1. Right to be secure against unreasonable searches and seizures by the government. a. 4 th Amendment guarantees this b. If home or business is searched unlawfully, items obtained during that search could be excluded as evidence in a criminal trial under the amendment’s exclusionary rule 2. Protects individuals against intrusions by others. Private citizens are not subject to public scrutiny. Effects of Roe v Wade . ii. Numerous laws have been created to protect the privacy of citizens in business (banking laws), schooling (FERPA and the privacy of grades) and many other American industries.
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