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. B. Sources of Law
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This note was uploaded on 04/23/2009 for the course MJ MJ021 taught by Professor Wesner during the Spring '09 term at BC.

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

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