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Instructor Manual for Introduction to Law Fifth Edition Yvonne Ekern Joanne Banker Hames 1 / 4
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CHAPTER 1
INTRODUCTION TO LAW
CHAPTER OVERVIEW
This chapter introduces students to the nature of law along with a brief overview of its historical origins and philosophical theories. It explains some of the more common categories of law, including the sources of law, the distinction between substantive and procedural law and the differences between criminal and civil laws.
CHAPTER OBJECTIVES
When you complete this chapter you should be able to • Define the term law.• List some of the historical origins of law.• Explain the basic concepts of a civil law legal system.• Explain the basic concepts of a common law legal system.• List and describe three major philosophical theories of law.• List three important categories of law.• Explain the purpose of substantive laws.• Explain the purpose of procedural laws.• Provide examples of substantive criminal laws and substantive civil laws.• Compare and contrast procedures in a criminal case with procedures in a civil case.
LECTURE OUTLINE
Case File
1-1 Introduction What Law Is Historical Origins Philosophical Theories 1-2 Categories of Laws Source of Law Substantive and Procedural Laws Criminal and Civil Laws Substantive Criminal and Civil Laws Criminal and Civil Procedures Court Procedures Chapter Case Roper v. Simmons, 543 U.S. 551 (2005) Case Summaries Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008) Maples v. Thomas, 565 U.S. __, 132 S. Ct. 912 (2012) Marshall v. Marshall, 547 U.S. 293 (2006) 2 / 4
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LIST OF CHANGES/TRANSITION GUIDE
The new edition has revised the applications (Applications 1.1 - 1.6). The case summary in Application 1.6 in People v. Sirhan Sirhan was been deleted and replaced with a case summary for Maples v. Thomas, 565 U.S. __, 132 S. Ct. 912 (2012). in Application 1.3.
ADDITIONAL ASSIGNMENTS A ND CLASS ACTIVITIES
For a possible in-class class activity, consider holding a mock constitutional convention for a new country that has recently gained its independence. Then have a class debate on whether the country should adopt a civil law system or common law system discussing the advantages and disadvantages of each system.
SKILL BUILDING
Chapter 1 skills assessment, case questions, assignments, and projects give students
the opportunity to build the following skills:
Critical Analysis Written Communication Oral Communication Factual Research
CASE SUMMARY, CASE QUESTIONS, AND SUGGESTED ANSWERS
Roper v. Simmons, 543 U.S. 551 (2005)
In this landmark case the U.S. Supreme Court ruled that the death penalty was could not be imposed on a juvenile. The Court placed great emphasis on its prior decision, Atkins
- Virginia, 536 U.S. 304, in which it held that mentally retarded individuals were not subject
to the death penalty. The Court also referred to the changes in state law and the international community toward abolishing the death penalty for juveniles.
- What role did societal values play in the Court’s decision in this case?
Suggested Answer:
The court placed great emphasis on the fact that many states had already abolished the death penalty for minors and that in those states still having the death penalty, it was seldom applied. The court talks about evolving decency and current values.
- What role did the Eighth Amendment play in the Court’s decision in this case?
Suggested Answer:
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9 The case involves an interpretation of the Eighth Amendment. The Court says it must be interpreted according to its text, as well as by considering its tradition, precedent and due recognition for its purpose and function.
Application and Analysis Problems
- A landlord owned and leased rental units. Prospective tennants agreed to rent a unit but
when the landlord found out they were not married she told them she could not rent to them because it would violate her religious beliefs. The prospective tenants filed allegations against landlord with Fair Employment and Housing Commission. Was the landlord allowed to refuse to rent in this situation, or was her refusal a violation of the discrimination laws? See Smith v. Fair Employment & Hous. Com, 12 Cal. 4th 1143
(1996).
Suggested Answer:
The landlord in Smith was not allowed to refuse to rent. The court stated that the landlord’s religious beliefs “may not permit her to rent to unmarried cohabitants, but the right of free exercise does not relieve an individual of the obligation to comply with a 'valid and neutral law of general applicability on the ground that the law proscribes conduct that his religion prescribes.” (p. 1161)
- Plaintiff, a lesbian patient, sued defendant clinical physicians, alleging that they
discriminated based on sexual orientation, in violation of a states civil rights laws, by refusing to perform an intrauterine insemination. The civil rights laws prohibited discrimination based on sexual preference. The physicians claimed that their constitutional rights to free speech and exercise of religion exempted them from the provisions of the civil rights laws. Are the physicians correct? See North Coast Women's Care Medical Group, Inc. v. San Diego County Superior Court, 44 Cal. 4th 1145, 2008 Cal. LEXIS 10093 (2008).
Suggested Answer:
The court in North Coase Woman’s Care Medical Group stated that California has a civil right’s law that prevents a business from discriminating based on sexual orientation. Because this is a valid and neutral law, the doctors had no first amendment constitutional right to discriminate.
- A high school hockey game resulted in a scuffle between off-duty police officers and an
assistant coach and his wife. As a result of the scuffle, the coach and his wife were arrested for assaulting the police officers. At a trial they were acquitted. Later they filed a complaint against the two police officers claiming they violated their civil rights. Was the action against the police officers for a violation of civil rights civil or criminal?Explain your answer. See Coon v. Joseph, 192 Cal. App. 3d 1269, 237 Cal. Rptr. 873
(1987).
Suggested Answer:
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