Sources of our
laws
“Government of law,
not men.” Adams
The American Legal
System
U.S. legal
protections are in
the U.S. Constitution
“The Basic Law of
the Land”
Functions of laws
 Bring order
 Enable people to settle disputes
peacefully
 Protect our rights against abuse by
others, organizations, government
 Promote the welfare of society
 Keep peace
 Prevent violence
Characteristics of a good law
 They are:




Fair
Reasonable
Understandable
Enforceable
Where did our law come
from?




Unwritten law: prehistory
Hammurabi’s code
Ten commandments
Roman law
 Jurisprudence: study of law
 Justinian code => Napoleonic Code
 English law
 Common law: unwritten law
 Precedents
 Statutes: law written by legislature Great Britain
Early Law Codes
Timeline
 Directions: Using the Civics Textbook,
Describe the following law code with at
least 2 sentences.
 1760 BC Code of Hammurabi
 BC Ten Commandments
 450 BC 1st Roman Law Code
 533 AD Justinian Code
 1066 AD English Common Law
 1788 AD United States Constitution
 1790's AD Napoleonic Code
Types of laws
Five different types
of laws
Types of laws
 Criminal law
 Prosecution v defense
 Felonies v misdemeanors
 Civil law








Plaintiff v defendant
Lawsuits
Suits of equity: no law fits
Torts
Constitutional law
International law
Administrative law
Statutory law
Types of Laws
 Criminal Law-seek to prevent people from
deliberately or recklessly harming each
other or each other’s property
 Civil Law- disputes between people or
groups of people (individuals, or
organizations, or governments) in which
no criminal law has been broken.
 Tort Law-person may suffer an injury &
claim that another party is responsible
because of negligence
 Family Law- family issues & problems
(divorce, adoption, abuse)
Types of Laws
 Public Law or Constitutional Lawrights guaranteed under the
Constitution or spelled out in
congressional legislation. Highest
laws in the United States.
 Administrative Law-rules &
regulations that gov’t agencies of
the executive branch must issue to
carry out their jobs.
Types of Law
Statutory Law-statutes regulate
our behavior (setting speed limits,
minimum age to work, return
merchandise to a store)
International Law- treaties,
customs, & agreements among
nations.
Branch Laws
 Legislative: Statutory law
 Law made by legislature
 Executive: Administrative law
 Executive orders
 Judicial: Precedent
 Stare Decisis: let the decision stand
Constitutional Rights
 Article 1:
 Writ of Habeas Corpus
 Written legal order-requires an official who has arrested
someone to bring them to court and explain why they
are being held.
 Forbids Bill of Attainder
 A law that punishes a person accused of a crime
without a trial or a fair hearing in court.
 Forbids Ex Post Facto Laws
 A law that would allow a person to be punished for an
action that was not against the law when it was
committed.
Constitutional Rights
 Bill of Rights: rights to all
 First:
 Freedom of RAPPS
 Second:
 Right to bear arms
 Third:
 Housing of soldiers
Constitutional Rights
 Bill of Rights: rights to all
 Seventh
 Right to civil cases (trial by jury in civil
cases over $20)
 Ninth
 Rights retained by the people
 Tenth
 Powers retained by the States and the
people.
Constitutional Rights
 Fourth
 Search and Seizure
 Fifth – due process
 Rights of the accused (self-incrimination,
double jeopardy, indict
 Sixth
 Rights to a fair trial
 Eighth
 Cruel and Unusual Punishment
 Fourteenth
 Citizenship and due process –slaves
Types of Laws: Activity
Read the following and decide if it
is criminal, civil, constitutional, &
administrative law by writing the
word.
1.
• An armed robber holds up an ABC store.
2.
• A store owner burns his store to collect
insurance money.
3.
• A group want to stop a KKK or BLACK
PANTHER parade.
4.
• A child runs away from home.
5.
• A couple wants an amicable divorce.
6.
• A writer breaks his contract with a
publishing company.
7.
• A man kill another man over money.
8.
• A teenager is killed in a gang fight.
9.
• A woman breaks her leg on a neighbor’s
snow-covered walkway.
10.
• The Mayor of Fairmont wants to put up a
nativity scene at Town Hall.
11.
• The Dept of Agriculture wants to raise the
amount of Food Stamps.
12.
• The FDA (Food and Drug Administration)
finds that a new drug has a potentially
dangerous side effect and pull it off the
market.
13.
• A child is hurt when a crib collapses while
the child is asleep.
March 26, 1979
Israel-Egypt Peace Agreement Signed
1.
A)
B)
C)
D)
What was the first law code ever
written called?
The Code of the Judges
The Code of Hammurabi
The Ten Commandments
The Twelve Tablets
2. What was the first Roman Law Code
called?
A) The Code of the Judges
B) The Napoleonic Code
C) The Twelve Tablets
D) The Justinian Code
3. What law code was based on the
A)
B)
C)
D)
Justinian Code?
The Napoleonic Code
The U.S. Constitution
The Twelve Tablets
Shariah Law
4. What was so important about the
Napoleonic Code?
A) Was based on the U.S. Constitution
B) Made France the most powerful country
C) It was made by a man about the same
height as Mr. Farly
D) Gave a unified system of law to most of
Europe
Civil Law Chapter 16.1
Civil Cases
No crime has taken place but
there is a dispute between two
people
Types of Civil Cases
• In civil cases
• The plaintiff claims to have lost
something
• The plaintiff is seeking damages
• Plaintiff always brings cases in civil
courts
Civil Court
• Plaintiff: party that brings
compliant
• Defendant: party being sued for
damages
• The courts job: provide a place to
resolve the difference b/w plaintiff
and defendant.
Two Levels of Court
• Small claims court:
• Few 1000 dollars or less
• Act as your own lawyer in these courts
• Larger civil courts:
• Lawsuits w/ more $ involved
• Lawyers and judges
The American Judicial System hears many
kinds of civil cases
•
•
•
•
•
•
•
Property disputes
Breach of contract
Family matters
Cases of negligence
Personal injury cases
Suits of equity - (injunction)
Tort cases
What are the Steps to a Civil Case?
1. Plaintiff decides to sue (Person being sued
is the Defendant).
2. The plaintiff hires an attorney (lawyer).
The attorney then files a complaint (a
formal statement that names the parties
and describes the nature of the lawsuit).
The Steps Continued
3. Court summons the defendant ordering
him/her to appear on a certain date.
4. A pretrial conference is called by the judge.
The two sides clarify or list their
disagreements.
Suit may be
dropped or
settled out of
court!
5. Case goes to trial!
Two parties could
resolve the case
through mediation
or arbitration!
Case Proceedings
• Case is heard by a jury of six to twelve people or a judge.
• Plaintiff presents their side first and then the defendant
presents.
• Plaintiff must prove their case with “a preponderance of
evidence” or “burden of proof.” (enough evidence to
persuade the judge or jury that the defendant is responsible
for the damages.)
The Verdict!
Judge or jury
decides the verdict
or decision in favor
of either the
plaintiff or the
defendant
If the plaintiff wins
a remedy is set!
If the defendant wins
the plaintiff receives
nothing and must pay
court costs!
Plaintiff may appeal
to a higher court if
dissatisfied with the
verdict!
Appeals
• You can appeal a civil case.
• To a higher court
Types of Conflict Resolution!
1. Mediation – conflict resolution in which a third party guides the
arguing parties to a solution.
2. Arbitration – conflict resolution in which a third party makes the
decision for the arguing parties based on evidence given in a
formal setting.
3. Negotiation – form of conflict resolution in which one party may
or may not use a third to bargain for terms that benefit one or
both parties.
4. Compromise – form of conflict resolution where the two parties
give up certain demands in order to accomplish a mutual goal.
5. Collaboration – conflict resolution process that requires different
groups to bring expertise in various areas for a mutual goal.
6. Debate – in which two parties take sides of an issue and argue
using evidence in order to persuade their opponents.
7. Consensus – this is when a general agreement is made by all
parties after careful consideration of the opinions of all members
in the group.
CRIME AND CRIMINAL
COURT
MUST BREAK THE LAW TO END UP
HERE
TYPES OF CRIMES:
• CRIMES AGAINST PERSONS:
• MURDER, RAPE, ASSALT, KIDNAPPING
• CRIMES AGAINST PROPERTY:
• LARCENY, BURGLARY, VANDALISM, FRAUD &
ARSON
• VICTIMLESS CRIMES
• DRUGS USE, PROSTITUTION, UNAUTHORIZED
CRIME
DEGREES OF SERIOUSNESS
• 1ST DEGREE MURDER
• 2ND DEGREE MURDER
• MANSLAUGHTER
•
•
•
•
1ST DEGREE RAPE
2ND DEGREE RAPE
3RD DEGREE RAPE
STATUTORY RAPE
Criminal Cases
• Crimes are defined in each state’s
written criminal laws, called the
penal code.
• The penal code also spells out the
punishment for each classification
of crimes.
• Two main groups of crime:
Misdemeanor & Felony
• Crimes can then be divided into:
a. crimes against property (larceny,
vandalism, fraud)
b. crimes against people (murder,
assault, rape )
c. victimless crimes ( use of illegal
drugs, prostitution)
• Punishment for convicted criminals
can range from fines to death.
Criminal Case Procedure
1. Arrest: rights read, booked &
charged with crime, attorney
contacted
2. Preliminary Hearing: Charges read
before judge, either jail, bail, or
released
3. Indictment: A grand jury or a judge
hears evidence & formally charges
the suspect with the crime
Criminal Case Procedure
4. Arraignment: Defendant pleads not
guilty & trail date set
5. Defendant pleads guilty & accepts
a plea bargain
6. Trial: Prosecution and defense
present cases to jury or judge.
Jury or judge reach a verdict
Criminal Case Procedure
7. Acquittal: Defendant found not
guilty & goes free
Or
Sentencing: Defendant found
guilty. Judge sentences
defendant
PUNISHMENT FOR CRIMES
• PUNISHMENTS INCLUDE:
•
•
•
•
•
FINES
IMPRISONMENT
PROBATION
HOUSE ARREST
COMMUNITY SERVICE
FOUR FUNCTIONS FOR CRIMINAL
PUNISHMENT
• PROVIDES PUNISHMENT IN WHICH A
CRIMINAL IS MADE TO PAY FOR AN
OFFENSE
• KEEPS DANGEROUS PEOPLE OFF THE
STREETS
• KEEPS OTHERS FROM COMMITTING THE
SAME CRIME
• PLAY A ROLE IN PREPARING
LAWBREAKERS TO REENTER SOCIETY
(REHABILITATION)
SENTENCING
• ･A determinate sentence is the same as a fixed
sentence: It is for a fixed period of time.
• ･An indeterminate sentence, rather than
stating a fixed period of time for imprisonment,
instead declares that the period shall be "not
more than" or "not less than" a certain
prescribed duration of time. The authority to
render indeterminate sentences is usually
granted by statute in several states.
SENTENCING
• ･A life sentence represents the disposition of a serious
criminal case, in which the convicted person spends the
remainder of his or her life in prison.
• ･A mandatory sentence is created by state statute and
represents the rendering of a punishment for which a
judge has/had no room for discretion. Generally it means
that the sentence may not be suspended and that no
probation may be imposed, leaving the judge with no
alternative but the "mandated" sentence.
CONSTITUTION AND CRIMINAL LAW
• 8TH AMENDMENT:
• JUDGE DECIDES BAIL
• CAPITAL PUNISHMENT CASES
• FURMAN V GEORGIA
• GREGG V GEORGIA
WHAT HAPPENS IN A CRIMINAL CASE?
•
•
•
•
•
ARREST:
HEARING/INDICTMENT
TRIAL
VERDICT
SENTENCING PHASE
•
•
•
•
•
•
•
•
•
•
•
•
Read following to students: You are on the parole board in your state.
There has been a great rise in the crime rate, and as a result, a large
number of criminals have been convicted and sentenced to long terms.
The prison is already overcrowded, and you must make selections on
whom to parole to make room for the most recent list of criminals.
You are to pick eight of the following:
A rehabilitated sex offender convicted for crimes against children
An arsonist convicted for setting four fires to public buildings now
“cured” after serving eight months of a three-year sentence
A banker convicted of embezzling 50 million dollars from a bank.
An ex-college student and heroin addict serving time for pushing hard
drugs to juveniles.
Civil rights lawyer convicted for contempt of court
A Vietnam serviceman convicted of desertion in the face of the enemy.
A powerful former politician convicted of selling highly classified
information to foreign governments.
A “Godfather” convicted for tax evasion
A newspaper reporter convicted of refusing to identify his news
sources in a delicate case involving three members of the President’s
Cabinet
A medical student drop-out convicted of several counts of abortion
Female liberationist prostitute who strongly believes in freedom of
choice in occupation
CHAPTER 16.3: JUVENILE
JUSTICE
JUVENILE:
JUVENILE DELIQUENT:
DEFINED BY EACH STATE
Juvenile’s
• Juvenile is someone considered
underage (16-18 years old)
• Goal of Juvenile Court System is to
rehabilitate
HISTORY
• BEFORE 1800S JUVENILES WERE
TREATED LIKE ADULTS
• TRIED AS AN ADULT
• SENTENCED AS AN ADULT
• IN PRISON WITH ADULTS
HISTORY
• SET UP THE PRESENT DAY JUVNILE
SYSTEM IN THE 1800S
• SOME CHANGES HAVE OCCURRED
OVER THE YEARS
CAUSES FOR DELIQUENCY
• ***NOT ABSOLUTE***
•
•
•
•
•
•
•
POVERTY
ABUSE
NEGLECT
EMOTIONAL SUFFERING
MENTAL PROBLEMS
LIVING IN SLUM AREAS
LIVING IN DRUG INFESTED AREAS
STAGES IN JUVENILE JUSTICE
SYSTEM
• HANDLE BY JUVENILE JUSTICE
SYSTEM
• PRIMARY GOAL OF THIS SYSTEM IS
TO REHABILITATE THE CHILD
• HOW AND WHEN DO JUVENILE
CASES BEGIN?
• WHEN POLICE ARREST (3/4 OF CASES)
• PETITIONS TO COURT FROM OTHERS
PROCEDURES IN JUVENILE COURT
• ARRESTED OR PETITIONED
• NOTIFY PARENTS
• SENT HOME OR KEPT IN DETENTION
CENTER
• TRIAL
Juvenile Court
• Juvenile Court handles 2 types of cases:
neglect & delinquency.
• Neglect cases involve juveniles who are
neglected or abused by their caregivers.
The court can remove the juvenile from
that home & place them in foster homes
• Delinquency Cases deal with youths who
have broken the law
Juvenile Delinquency Cases
•
•
•
Juvenile Arrest: caregiver notified, released
to parents or sent to juvenile detention
center, & court date set
Juvenile Court: private courtroom, no jury
trial, attorneys may be used. More like a
hearing than a trial.
Juvenile Punishments: lecture, reformatory
school, foster care, institutional placement,
probation, community service
Juvenile Protections
• Identity is secret & private
• Usually receive lighter punishments
• Juvenile records are sealed at age
18
PROTECTION TO JUVENILES
• WHO IS AT THE TRIAL?
• WHAT IS DONE TO PROTECT THE
JUVENILE?
• A.
• B.
• C.
DIFFERENCE BETWEEN JUVENILE AND ADULT
COURT SYSTEM
•
•
•
•
•
PROTECTION OF IDENTITY
JUDGE HEARS CASE
NO JURY
DISPOSITION OF CASE
CLEAR RECORD AT 18 YRS OF AGE