AMERICAN COURTS
LCRP UNIT 2
UNIT 2: How did the US Court System
develop?
Introduction:
1. Read Aloud: Mixed Confidence in CJ System
2. Discuss Article
Work:
1. Teach Origins of US Courts System
2. Complete an Origins of Law Chart
Closing:
1. Answer the Essential Question
Where did our laws come from?
• BIBLE: 10 Commandments
• Code of Hammurabi: Ignorance of the law is no excuse. If
it is written, it is so.
• Justinian Code: Women’s Rights, Murder=Banishment,
Failure to pay debts.
• English Common Law: Part of virtually every part of
American Law.
Bible
Code of Hammurabi
• "An eye for an eye, and a tooth for a tooth."
• Saw the need to unify his people under one set of laws.
• Code emphasized crimes against individuals.
• If a son strike his father, his hands shall be hewn off.
• If a man knock out the teeth of his equal, his teeth shall be
knocked out.
• If a man strike a free-born woman so that she lose her
unborn child, he shall pay ten shekels for her loss.
Justinian Code
• Divided government laws and personal laws (criminal and
civil law)
• Divided Public Law (Government) from Private Law
(Individuals)
English Common Law
• The English common law is the law in 49 of the 50 states
of the United States of America. In Louisiana, named after
a French king, the law is the French civil law.
• County and Sherriff come from English Common Law.
• Self-Defense comes from English Common Law.
• Liberty by Law - Freedom speech by Robin Hood -
YouTube
Our Constitution
• 1781 Lord Cornwallice surrendered to George
Washington at Yorktown.
• Since our separation from England, America has
developed its own judicial system.
• The US Constitution
1. 7 Articles
2. Amendments
Too Late to Apologize: A Declaration - YouTube
UNIT 2: How is the American Court
System organized?
Introduction:
1. Read Aloud: Judicial Process Text
2. Discuss
Work:
1. Teach Layers of Law
2. Create a Layers of Law Visual
Closing:
1. Answer the Essential Question
Layers of US Law
1. FEDERALISM
2. MULTIPLE SOURCES OF LAW
3. JUDICAL DECISIONS
4. CIVIL AND CRIMINAL LAW
5. SUBSTANTIVE AND PROCEDURAL LAW
6. REMEDIES
7. DOCTRINES OF ACCESS
FEDERALISM (Dual Court System)
• Divides power between the national government and state
governments.
• Federal Courts have jurisdiction over:
1. cases in which the United States is a party;
2. cases involving foreign officials;
3. cases involving parties from different states- in some
circumstances;
4. cases involving the United States Constitution;
5. cases involving patents, copyrights and bankruptcies.
• State Courts have jurisdiction over:
1. Violations of state law
2. Shares 3 and 4 with Feds, which may be appealed to feds.
MULTIPLE SOURCES OF LAW (The
Laws)
• Constitutions:
a. US Constitution is the supreme law of the land.
b. Each state has its own Constitution that cannot
supersede the US Constitution.
• Statutes:
a. Laws enacted by federal and/or state legislatures.
• Administrative Regulations:
a. Create rules that become law without a vote.
(EPA, DHS)
• Administrative Law:
a. Freedom of Information Act, Privacy Act, etc…
JUDICIAL DECISIONS (Precedents)
• Previous cases decisions set legal precedents.
• These precedents become a basis for cases about similar
issues.
• Bush v. Gore, 531 U.S. 98 (2000)
Bush v. Gore: Former S.C. Justice Sandra Day O'Connor
Regrets Decision - YouTube
Justice Scalia on Bush vs. Gore - YouTube
CIVIL AND CRIMINAL LAW
• Criminal Law
1. Violation of the government’s penal laws.
2. Harms society by breaking society’s rules.
3. PROVE GUILT BEYOND A REASONABLE DOUBT!
• Civil Law
1. A dispute between private parties.
2. Harms an individual or group but doesn’t break the
government’s laws.
3. PROVE DAMAGE by PREPONDERANCE OF
EVIDENCE 51%
SUBSTANTIVE AND PROCEDURAL
LAWS
• Substantive Laws
What is illegal
2. What rights do citizens have (contracts, torts, wills)
• Procedural Laws
1. Methods of enforcing substantive laws.
2. Due process, Rules of the court
1.
Procedural Law
Substantive Law
Structure
Elaborates on the steps which the
case passes through
Deals with the structure and facts of
the case
Enforcement
Creates the machinery for the
enforcement of law
Defines the rights and duties of
citizens
REMEDIES
• The official decision about the rights and claims of each
side of a lawsuit is known as JUDGEMENT.
• If the Plaintiff wins, the judgment includes a REMEDY.
• REMEDY: what the plaintiff receives for winning his/her
case.
1. Compensatory Damages: Payments for the actual harm
suffered.
2. Punitive Damages: Monies awarded to the person who
has been harmed in a malicious way.
DOCTRINES OF ACCESS
• Before a judge hears a case, several criteria must be met:
1. The court must have jurisdiction over the matter.
2. There must be a real dispute. NO HARM, NO COURT.
3. The Plaintiff must have a reason to sue NO HARM, NO
COURT.
25 Astoundingly Ridiculous Lawsuits - YouTube
UNIT 2: What are the roles and
responsibilities of Judges?
Introduction:
1. Read Aloud
2. Discuss Judges
Work:
1. Teach Roles/Responsibilities of Judges
2. Assign/Work on American Courts Guide
Closing:
1. Answer EQ
Characteristics of a good judge
• Fair
• Honest
• Patient
• Wise
• Tolerant
• Compassionate
• Strong
• Decisive
• Courageous
How do we select our judges?
• Appointment
1. Federal judges are nominated by the president and
confirmed by the Senate.
2. Serve for LIFE or whenever the want to retire.
3. Governors can appoint trial judges if no one is elected.
• Judicial Elections
1. State judges campaign and are elected.
• Merit Selection
1. Judges are selected based on their qualifications.
Meet the Judges
Judge’s Roles/Responsibilities
• Interpret the Law
• Assess Evidence
• Make Impartial Decisions
• Maintain an orderly courtroom
UNIT 2:How do prosecutors and defense
attorneys operate in the adversarial system?
Introduction:
1. In the News
2. Introduce EQ
Work:
1. Teach Prosecution and Defense Attorneys
2. Work on Unit 2 Project
Closing:
1. Answer EQ
Prosecution
(a) The office of prosecutor is charged with responsibility for prosecutions in its
jurisdiction.
(b) The prosecutor is an administrator of justice, an advocate, and an officer of
the court; the prosecutor must exercise sound discretion in the performance of his
or her functions.
(c) The duty of the prosecutor is to seek justice, not merely to convict.
(d) It is an important function of the prosecutor to seek to reform and improve the
administration of criminal justice. When inadequacies or injustices in the
substantive or procedural law come to the prosecutor's attention, he or she
should stimulate efforts for remedial action.
(e) It is the duty of the prosecutor to know and be guided by the standards of
professional conduct as defined by applicable professional traditions, ethical
codes, and law in the prosecutor's jurisdiction. The prosecutor should make use of
the guidance afforded by an advisory council of the kind described in standard 41.5.
Defense Attorney
•
(b) The basic duty defense counsel owes to the administration of justice and as an officer
of the court is to serve as the accused's counselor and advocate with courage and
devotion and to render effective, quality representation.
•
(c) Since the death penalty differs from other criminal penalties in its finality, defense
counsel in a capital case should respond to this difference by making extraordinary
efforts on behalf of the accused. Defense counsel should comply with the ABA Guidelines
for the Appointment and Performance of Counsel in Death Penalty Cases.
•
(d) Defense counsel should seek to reform and improve the administration of criminal
justice. When inadequacies or injustices in the substantive or procedural law come to
defense counsel's attention, he or she should stimulate efforts for remedial action.
•
(f) Defense counsel should not intentionally misrepresent matters of fact or law to
the court.
•
(h) It is the duty of defense counsel to know and be guided by the standards of professional
conduct as defined in codes and canons of the legal profession applicable in defense
counsel's jurisdiction. Once representation has been undertaken, the functions and duties of
defense counsel are the same whether defense counsel is assigned, privately retained, or
serving in a legal aid or defender program.
1.Represents the
STATE
Defense
Prosecution
Prosecution v Defense
1.Represents the
ACCUSED
Adversarial System
• In this system, the parties to a controversy develop and
present their arguments, gather and submit evidence, call
and question witnesses, and, within the confines of
certain rules, control the process.
• The fact finder, usually a judge or jury, remains neutral
and passive throughout the proceeding.
• Critics Say:
1. The system is flawed because it is
competitive…WINNERS/LOSERS
2. Impossible to have a passive jury/judge
How does the criminal court system
work?
Introduction:
1. In the News
2. Introduce EQ
Work:
1. Teach Criminal Courts
2. Students work on Unit 2 Project
Closing:
1. Answer EQ
Journey through the Criminal Justice
System
Easy Diagram
GA Courts
• Judicial Branch of Georgia :: Self Help Resources :: The
Georgia Court System
Federal Courts
Structure of Federal Courts
How does the civil court system work?
Introduction:
1. Read Aloud
Work:
1. Teach Civil Court System
2. Unit 2 Project
Closing:
1. Answer the EQ
An easy diagram.
Steps in the civil court system
UNIT 2: Does the indigence defense rule
help or hurt citizens?
Introduction:
1. Read Aloud
Work:
1. Teach Indigent Defense
2. Unit 2 Project
Closing:
1. Answer the EQ
UNIT 2: How does the indigent defense
rule affect the criminal justice system?
Introduction:
1. Read Aloud
Work:
1. Teach Indigent Defense
2. Project
Closing:
1. Answer EQ
Gideon v. Wainwright
gideon v wainwright – YouTube
Indigent Defense
• 6th Amendment: right to counsel
• If you cannot afford an attorney, one will be provided.
• PUBLIC DEFENDER
What are the roles and responsibilities of
criminal and civil court participants?
Introduction:
1. Read Aloud
Work:
1. Teach Courtroom Participants
2. Unit 2 Project DUE FRIDAY
Closing:
1. Answer EQ
BREAK UP INTO TEAMS FOR REVIEW
Introduction:
1. Explain Test and Review Rules
Work:
1. Trashketball Trivia
Closing:
1. Unit 2 WRAP UP Q&A