Category 1 Review
Origins and Purposes of Law and Government- 25% of End of Course Exam (EOC)
Benchmark 1.1:
John Locke- Natural rights- Ability to be free and independent; People have a social contract with the
government to protect these rights.
Montesquieu- “Separation of powers” to limit abuse of power by the government
Legislative Branch: Congress- power to make laws
Executive Branch: President, Vice President, and cabinet: carries out/executes laws
Judicial Branch- Courts- interprets/applies laws
Benchmark 1.2
Magna Carta (1215)- Limits the powers of the king- King John I of England was forced to sign- all people,
including the king, subject to the law (rule of law)- natural rights protected
English Bill of Rights (1689)- protected individual rights set forth in the Magna Carta
Mayflower Compact (1620)- settlers signed before landing- agreed to obey laws enacted by representatives of
their choosing “for the general good of the Colony.” (First form of self-government by the new settlers in
America)
Thomas Paine- wrote Common Sense (1776): a pamphlet expressing his distrust in government and its abuse of
power
Benchmark 1.3
Stamp Act (1765)- British taxed all paper goods- Colonists boycotted (stopped buying) all British goods. The
Stamp Act was then repealed by British Parliament.
Declaration of Independence- written to explain why the colonists were unhappy with British Rule- Taxation
without representation (Result of Stamp Act in 1765)
Benchmark 1.4
Natural Rights- Rights that all people have- life, liberty, and right to own property produced
Rule of Law- Established by Magna Carta- Everyone has to follow the law, even the King
Representative Government- decisions made by elected officials
Benchmark 1.5
Articles of Confederation- First form of government in America before the Constitution.
Weaknesses:
 Only had a Congress- could declare war, negotiate with foreign countries, establish a
postal system, and settle disputes among states.
 COULD NOT enforce laws or impose taxes.
 UNABLE to support the army or repay military debts.
Benchmark 1.6
Preamble of the Constitution: States the goals and purposes of the constitution- Establish justice, peace, a
perfect union, promote general welfare, and guarantee freedoms for all people
Benchmark 1.7
Constitution- Written to replace the Articles of Confederation.
Strengths:
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Ability to tax and enforce laws
Three branches of government
Checks and balances so that any one branch does not hold too much power
o Legislative Branch must approve treaties, impeach Federal officials, and
executive appointments.
o Judicial branch judges whether laws and executive actions are constitutional.
o Executive branch can veto laws
Benchmark 1.8
Federalists- Supported the ratification of the Constitution for a stronger Federal government
Anti-Federalists- Opposed the ratification of the Constitution- Wanted the power the stay with the States
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Pushed for the Bill of Rights to be added to the Constitution to protect citizen’s rights from
abuse by a strong Federal government
Pushed for checks and balances so that no one branch of government will have too much power
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No person is above the law, even Kings or Presidents (influence from Magna Carta)
Constitution is the Supreme Law of the Land
Benchmark 1.9
Rule of Law
Benchmark 1.10
Criminal law:
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Individual consciously breaks the law
Punishable by fines or jail/prison time
Innocent until proven guilty
Burden of Proof: Beyond a reasonable doubt- no other reasonable explanation for what
happened
Miranda Rights (Miranda V Arizona) must be read at time of arrest unless public safety is
threatened.
Civil law
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Conflict between two parties
One party is suing for compensation ($$$)
Burden of Proof: Most likely that the other person is responsible
Military Law
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Laws and rules for members of military
Special Military courts
Constitutional Law
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Interpretation and application of the U.S. Constitution and State Constitutions