Name: _______________________________ Date: ________ Per.:___ “Legal Rights & Responsibilities” (Chapter 16) Sources of Laws Laws can come from several different sources. In America, law can come from: o Historical Law Codes Code of _______________ (1772 B.C.E.) – written code of rules from ancient _______________, each crime was given a specific _______________ depending on one’s social position. _______________ Carta (1215 C.E.) – government document that limited the power of the _______________. Some of the rights in this document appear in the U.S. Constitution and _______________. o “Statutory” Law – laws from statutes Any law that is passed by a legislative body is called a _______________, or statutory law. Statutory law can be passed by Congress, state legislatures or local government and usually reflect what people feel to be right or wrong. Example: Requiring that all buildings have marked fire exits is a statute o “Case” Law – based on Supreme Court decisions a source of law based on the decisions and outcomes of cases heard by the _______________. Gideon v. Wainwright (1963) was a landmark Supreme Court case that established the case law and precedent that all people will be provided an attorney even if they cannot afford them according to how the Supreme Court interpreted the _______________ Amendment. o “Common” Law – based on tradition law that is based on ______________________________________________ o The US Constitution also gives us law. Types of Laws There are several different types of law that affect Americans directly today that help maintain a peaceful and orderly society o Military Law governs the behavior of the men and women that serve in the US _______________. o Constitutional Law: based on the _______________, is the basis for much of what becomes “case” law. o Criminal Law o Civil Law o Juvenile Law Criminal Law and Cases: Criminal laws are laws that seek to prevent people from deliberately or recklessly ______________________________. A _______________ is an act that breaks the law and for which there is a punishment. American courts operate on an _______________ system of justice, meaning the courtroom serves as an “_______________” in which lawyers for opposing sides try to present their strongest cases. In these cases, the government is always the “_______________”, or the party that brings the charges against the alleged criminal. The individual or group that is being sued is the “________________”. Two (2) types of crimes are: o _______________ are the most serious crimes with the most serious consequences Examples are _____________________________________________. o _______________ are less serious and often do not have very serious consequences Examples are _____________________________________________. Process of a Criminal Trial o Once an _______________ has been made by law enforcement, the suspect will be informed of his/her _______________ This is a result of the 1966 Supreme Court case ______________________________ o Suspects then appear before court in a _______________ to “hear” the charges against them and listen to the judge’s decision on the next step. o At an _______________, suspects formally hear the charges and are asked to enter a “_______________.” Possible pleas are: “guilty”, “not guilty”, or “nolo contendre” means “I do not wish to contend “or “no contest” Defendant does not dispute the charge. During their criminal trial, there are _______________ steps. Step 1: Both sides (prosecution and defense) will give their _______________ statement which tells the judge and the jury their side of the case. Step 2: Each side will then call witnesses to give _______________ (or answers given under oath) in the case. These witnesses will also be _______________by the other side. Step 3: Once all of the witnesses have been questioned and crossed, the prosecution and defense will offer their _______________ and ask the jury to rule in favor of their side. Step 4: After the closing statements have been given, the jury will be sent to _______________, or discuss the evidence presented. Once they reach a unanimous decision they will announce the _______________, or the outcome of the case. Defendants are either: found _______________ are _______________ - found “not guilty” *the judge can also declare a _______________ (or unable to make unanimous decision) the trial will be ruled a “mistrial”. If the defendant is found _______________, the judge will sentence them (assign their penalty) Criminal penalties are designed to either: provide _______________ so the criminal pays for the crime against a victim or society _______________ prisoners so they are not a threat to society _______________ criminals from committing repeated crimes _______________ criminals so they can reenter society and become productive members. o o o o Civil Law and Cases: Civil laws are disputes between _______________ or groups of _______________ in which no _______________ laws have been broken. When a civil case goes to court, it is called a _______________, which is a legal action in which a person or group sues to collect damages for some harm that is done and seeks “_______________” (an award of money). The _______________ is the individual or group that files the lawsuit and the _______________ is the individual or group that is being sued. Cases begin when a _______________ is filed (a formal statement naming those involved and describing the nature of the lawsuit). Once filed, a _______________, or a document telling the defendant that there is a lawsuit against them and orders the defendant to appear in court, is sent by the court. A defendant may respond to the suit in a _______________ (complaint and answer together) _______________ is the name of the process in which lawyers for the plaintiff and defendant check facts and gather evidence for the case. In an _______________ lawsuit, issues are resolved by a _______________ based on the grounds of fairness. o Judges often issue an _______________, or a court order commanding a person or group to stop a certain action. o Judges can also issue a _______________, or when a judge applies a judgment against one party without a full trial if there is a motion to do so. Juvenile Law and Cases: Citizens under a certain age are considered _______________ (18 in most states). o These citizens who commit crimes against society are considered to be _______________, or criminals not old enough to be processed through the adult court system. o Laws that apply to juveniles are called _______________. While most crimes committed by juveniles are classified as _______________, some more serious _______________ are committed by juveniles as well. The primary goal of the juvenile court is to _______________ the juvenile (or correct their behavior) rather than to punish. Juvenile courts handle two types of cases: o _______________ (neglected or abused by their caregiver) o _______________ (juveniles who commit crimes) Most police departments have officers who try and _______________, or steer, the juvenile away from the court system The rights of juveniles were established in the 1967 _______________Supreme Court case o o o Juveniles have all rights related to _______________- right of counsel, right to remain silent, right to confront witnesses against them, etc. While court trials for juveniles are similar to adults, the major difference is that they do NOT have the right to a _______________ trial. Unlike adult trials, the identity of juveniles is kept _______________ and the criminal records of these juveniles can be _______________ when they reach adulthood. Legal Protections in the U.S. Constitution: The United States Constitution provides equal protection for people who have been accused of a crime or are being sued in a lawsuit. This means that we must treat every person the _______________. o This comes from the principle of _______________which prevents an abuse of government power and provides for _______________. (No one is above the law) o This is the basis for our legal system. All people are guaranteed: o A public _______________ in a TRIAL COURT. o The idea that they are considered _______________ until proven guilty o The right to ask for an _______________ of their case if the courts have made a mistake The Constitution protects certain basic legal rights of Americans: o “writ of habeas corpus” - a _______________that requires police to bring a prisoner to court to explain _______________ they are holding the person. o “bill of attainder” - are laws that punish a person _______________ of a crime without a _______________ or a fair hearing in _______________. o “ex post facto law” - are laws that allow a person to be _______________ for an action that was “______________________________” when it was committed. o “due process” - the legal _______________ established when dealing with the _______________. Several of the _______________ of the Constitution help protect the rights of the “_______________”: o _______________ Amendment: no unreasonable _______________ and _______________ _______________warrant: signed by a judge specifying the _______________to be searched and what objects may be _______________. o _______________Amendment: protects the _______________of the accused. “double _______________”: accused of the same crime more than once. “grand jury”: where a group of citizens determine if there is enough _______________to continue to trial. o _______________Amendment: protects the rights of the accused by granting _______________. o _______________Amendment: protects the rights of the accused by forbidding “_______________and _______________punishments” or “excessive _______________” bail: a sum of money paid to _______________to win release while waiting for their _______________.