Law notes.pdf - Saint Agnes High School Winter Semester 2018 Teacher Ms Jennifer Lamb Email [email protected] 12TH GRADE Intro To American

Law notes.pdf - Saint Agnes High School Winter Semester...

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Saint Agnes High School Winter Semester 2018 Teacher: Ms. Jennifer Lamb Email: [email protected] 12TH GRADE Intro To American Jurisprudence Notes: 1.1 Laws Aim: What are the kinds of law? Do Now: Can you name where our county civil courthouse is located? Where the criminal courthouse is located? Civil- Kew Gardens Criminal- Jamaica Kinds of Laws A. Criminal : regulates public conduct a. Felonies : more serious (murder,robbery) i. Penalty- >1 year prison b. Misdemeanors : Less serious (theft, simple assault) i. Penalty- <1 year prison B. Civil : regulates relation between individuals a. Civil action - lawsuit brought by one person who feels wronged by another person. b. Courts usually award the injured person money for their loss, or require the who committed to wrong to make amends in some other way. What behavior violates criminal and civil laws? A. A criminal case is brought before the government and a separate civil case is brought before civil court a. Defendant- person accused of committing the crime b. Plaintiff the person harmed Where do these laws come from? A. The US Constitution a. The highest law in the land (supremacy clause)
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b.Lists the government’s powers, limits on those powers, and the people’sfreedoms that cannot be taken away by the government Limited Government A. Article 1 a. Powers that are delegated to the government by the US Constitution B. The federal government can pass laws only in the areas listed in Article 1 C. International relations/trade, declaring war, interstate trade, etc Judicial Review A. Enables a court to declare unenforceable any law passed by Congress or a state legislature that conflicts with the country’s highest law the US Constitution a. Marbury v. Madison (1803)- first time supreme court ruled a law unconstitutional Notes: 1.2 Human Rights Aim: Why is the Universal Declaration of Human Rights monumental? Do Now: What do you think of when you hear the term human rights? Make a list of three words (on Google) Human Rights A. The rights all people have simply because they are human beings. a. What are some rights you think all human beings should have? Universal Declaration of Human Rights (UDHR) A. Statement of basis human rights and standards for government that has been agreed to by almost every country in the world. B. Adopted in 1948 under Eleanor Roosevelt’s leadership. C. NOT a binding treaty: a. Self-determination b. Right of life c. Right to humane treatment in detention d. Freedom of movement e. To marry and find a family f. Education g. Freedom of assembly Major UN Treaties to Enforce Human Rights A. International Covenant on Civil and Political Rights (U.S. signed and ratified). B. International Covenant on Economic, Social, and Cultural Rights (signed, not ratified). C. Convention on the Rights of the Child (signed, not ratified).
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Limitations of the UDHR A. Difficult to enforce- it is a declaration, not a hard low.
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