The answers have to be from this paragraph: Introduction to Law, Ethics, and Legal Reasoning Introduction to Law, Ethics, and Legal Reasoning A Chapter 1 covers an introduction to some legal concepts and issues that you will need to understand for the remainder of this class. A lot of the concepts will be necessary as we move forward in the course. Make sure you understand the following things: 1. Sources of American Law - you should be able to state and explain what each of the sources of American Law are. The sources of American law are the places we look to see what the law is. It includes the statutes or regulations that judges review in determining how a case will be decided. It also includes the information that is provided to jurors to assist them in deciding cases (Criminal and Civil). 2. The common law tradition and the importance of the doctrine of Stare Decisis (pronounced Stare-aye Decise-is). Today, the doctrine of stare decisis remains a big part of our judiciary. The court of appeals and supreme court regularly are deciding cases that the courts throughout the state of lowa are required to follow. You should understand the difference between courts of equity (courts of fairness) and courts of law (to recover payment of money or damages or property). You should understand the difference between the different schools of legal thought. 3. Understand the difference between criminal law and civil law. Criminal law is intended to protect society where civil law is to protect individuals rights by allowing them to sue each other. Criminal cases are initiated by a governmental agency such as The State of lowa. Civil actions are brought by the individual. In a criminal case, the victim of the offense has no power over whether charges are initiated, whether a plea deal is reached or whether the case is dismissed. The role of the victim in a criminal case is to be a witness in the case if necessary. In a case, the injured party is the one who actually initiates the civil lawsuit and has total control over whether the case is settled or goes to trial. 4. Law vs. Ethics. It may seem to be common sense that if something is illegal that it is unethical, but because of the difference in moral principles from one individual to another, this may not be as black and white as it seems. There are also actions that are legal that may be considered to be unethical. Take some time to review this material and think about the difference between those two concepts and how they can conflict.

PART ONE: There are different schools of thought or jurisprudence discussed In Chapter 1. Although In today's world, these are olten times intertwined, it is interesting to see the different outcomes that an be reached under each one. Read the scenario set out below and answer questions 1-5. SMIIH CASE -August 5, 2002 John Smith is married to Jane Smith. They have three children ages 5, 3 and 6 months. Jane is a stay at home mom. December 31, 2001. John was laid off from his job. His unemployment ran out on May 30, 2001 and the family had no income. On July 5, 2002, John went into the Swift Mart and took the following items without paying: 1) can of baby formula, (2) a can of tuna and (3) a loaf of bread. (in July 10, 2002, John went back to the Swift Mart and took a gallon of milk and a carton of cigarettes without paying. The owner of the Swift Mart contacted the police and John was arrested on theft charges. He was charged with one count of theft for the July 5'" incident and one count of theft for the July 10'" incident. He is facing up to one year in jail on each count of theft if he is convicted of the theft charge. John waived his right to a jury trial and the trial was to a judge. During the trial, John pleaded with the judge that the food was for his children and that he didn't have any money and couldn't find a job. All of the above information was entered into evidence at the trial. Also, John has never before been convicted of a crime. The State Code reads that it shall be a crime for someone to take property from another with the intent to deprive the owner thereof. History has shown that if a person gets away with a crime. that person will continue to commit other crimes. Based on the Smith case above, answer the following questions: A) Which of Mr. Smith's actions were illegal? Why? (5 points) 8) Which of Mr. Smith's actions were unethical? Why? (5 points) C) Do you think a judge should be able to consider Mr. Smith's circumstances in either finding him guilty on during his sentencing to determine whether he should go to jail or pay a fine or do community service? Or shou id everyone get the same punishment? Explain what YOU think a fair punishment would be for Smith and WHY? (5 points)