Law
Vocab
Common law
Constitutional law
Ex post facto law
Lawsuit
Tort
Bill of Attainder
Bail
Complaint
Juvenile
Juvenile Delinquent
Rehabilitate
What is the Purpose of Laws?
1. Keep order in society
3.
2.
4. Provide a deterrence to disorder
History of Law
Code of ______________________________
King Hammurabi of Babylonia
282 laws regulating behavior
Oldest written code of law that _______________________________ - 1760 BC
Very harsh rules and punishments
Religious Code
Draconian Laws –
1
Justinian Code –
Simplified Roman Code of law – based on jurisprudence –
English Common Law
Primary source of our laws
Based on
Statutes –
Types of Laws
Public or Constitutional Law–
Administrative Law –
Tax Law, example – Federal Trade Commission regulations to protect consumers from harmful products
Statutory Law – Laws passed by legislatures
Civil
_______________________________ is paid as a result
Criminal –
____________________________________ are the result
Misdemeanors
Felonies
Civil Cases
One person files a ________________ against another
Plaintiff –
Defendant –
Suits of Equity –
________________ decide not juries (usually)
Judge may issue an injunction –
Most are settled ________________________________
< $5000 –
< $10000 –
Over $10000 2
Criminal Cases
Prosecution & Defendant
Burdon of Proof – is on the ________________________
Prosecution –
must prove guild beyond a _______________________
Not a single doubt can exist. Innocent until proven guilty!!
Civil Case Procedures
Criminal Case Procedures
1.
1. Suspect is arrested - ________________________
Who files a civil suit?
2. Preliminary hearing -
2.
3. Defendant’s Response – Pleadings –
3. Indictment -
4. Arraignment 4. ____________________________ - each side gathers
facts & evidence
5. What can be made at this time? -
5. ________________________________ - decide if a
Defendant agrees to plead guilty to a lesser crime
case should go to court or be settled
Used to convict someone else
6. Trial –
6. Discovery -
7. Verdict –
7. Jury is selected
If the plaintiff wins the judge sets a remedy –
8. Trial
8. Appeal -
3
Trial
1. Who makes an opening statement first?
2. Who makes an opening statement second?
3. Prosecution calls witnesses for testimony –
Defense can cross-examine the witnesses –
4. Prosecution rests
5. Defense calls witnesses for testimony
Prosecution can cross-examine
6. Defense rests
7. _____________________________ make closing statements
8. Verdict - Juries decision
a. Jury must deliberate –
b. Must decide guilt beyond a reasonable doubt
c. Acquittal –
Can a person be retried for the same crime?
d. What happens if the defendant is found guilty?
e. What is a hung jury?
9. Appeal – If the defendant is found guilty, the defense may appeal the verdict to a higher court.
Penalties for Breaking the Law
What are the 4 functions of penalties?
1.
2.
3.
4.
State penal code –
Indeterminate Sentence –
_________________________ - judge sets a specific sentence
Mandatory sentence – judge sets a sentence in accordance with ________
4