US GOVERNMENT VOCAB.
DEMOCRACY IN ACTION—
CHAPTER 15 THE LAW
THE AMERICAN LEGAL SYSTEM
HISTORY OF LAW
• Code of Hammurabi
A
collection of laws
assembled by Hammurabi,
King of Babylonia.
• Justinian Code
The final
Roman legal code.
WHAT IS THE LAW?
• Law
Defines the individual's
rights and obligations and
specifies the ways citizens and
government relate to each other.
• "equal justice under the law"
Refers to the goal of the
American court system to treat all
people alike.
… notice the balance scale, the sword,
& the blindfold (& why is it a woman?)
RULES OF LAW
• Precedent
The earlier
ruling in previous cases.
• Equity
A system of
rules by which disputes are
resolved on the grounds of
fairness.
DUE PROCESS OF LAW
• Due Process Following established legal
procedures.
• Substantive Due Process A kind of shorthand
for certain rights, some that are specified in
the Constitution and some that are not
specified.
• Procedural Due Process principle that
prohibits arbitrary enforcement of the law,
and also provides safeguards to ensure that
constitutional and statutory rights are
protected by law enforcement.
… everyone is allowed their day in court
JUDGES & THE LAW
• The Adversary System
The
trial system in the U.S. and its a
contest between opposing sides
who present arguments to a
judge or jury who determine the
truth.
• Sentence The punishment to be
imposed on the offender.
PAPERWORK PROCEDURES & THE LAW
• Injunction
a court order that forbids a
defendant to take or continue a certain action.
• Complaint
A legal document filed with the
court that has jurisdiction over the problem.
• Affadavits
Written statements to verify to
prove statements or facts.
• Information A sworn statement by the
prosecution asserting that there is enough
evidence.
PROCEDURES OF THE LAW
• Presumed Innocence The idea that a
person is innocent until proven guilty.
• Answer
The formal response to the
charges in complaint.
• Discovery Preparing for trial (both
sides).
• Mediation Each side is given the
opportunity to explain its side of the
dispute.
• Indictment A formal criminal charge
*some indictments include a long list
of charges, or a few, or just one
TYPES OF LAW
• Constitutional Law
Branch of law dealing with
formation, construction, and interpretation of
constitutions.
• Statutory Law
The body of law enacted by
legislative bodies (as opposed to constitutional law,
administrative law, or case law).
• Administrative Law
the body of rules and
regulations and orders and decisions created by
administrative agencies of government
• Common Law Law made by judges in the process of
resolving individual cases.
• Civil Law Disputes between two individuals or an
individual and the government.
• Criminal Law
The government charges someone
with a crime and is always the prosecution.
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THE JURY SYSTEM & THE LAW
Grand Jury A group of citizens that
review the prosecution's allegations.
Jury A group of citizens who hear
evidence during a trial in order to
decide guilt or evidence.
VerdictDecision of jury.
Hung Jury When the court cannot
agree on a verdict.
It’s your right & duty to serve on a jury
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CRIMES & THE LAW
Criminal Justice System The system
that enforces the criminal law.
Petty Offenses
Minor crimes.
Misdemeanors
Slightly serious
crimes.
Felonies Serious Crimes.
Arrest Warrant
A warrant given
by a judge to arrest someone.
CIVIL LAW (The Kind Where You Can Sue)
• Contract
A binding agreement between
two or more persons that is enforceable by law.
• Implied Contract
Terms are not expressly
stated but are inferred by actions and
circumstances.
• Real Property Land and whatever is
attached/growing on it.
• Personal Property Movable things and
intangible items
• Mortgage
A loan to pay for a house.
• Tort
Any wrongful act other than a breach of
contract for which the injured party can sue.
• Summons
Notice of where and when a
lawsuit is.
PLAYERS – People w/in the System of Law
• Plaintiff The person that
brings charges.
• Defendant The person that
the case in against.
• Plea Bargaining Defendant
pleas guilty to a lesser crime.
--we live in a very litigious society
(tending or likely to engage in lawsuits)
GOVERNMENT & THE LAW
•Statute A law written
by a legislative branch of
government.
•Ordinances Statutes
passed by city counsels.
--AND ORDINANCES