The American Legal System
Chapter 15 & 16
Purpose of Laws
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To keep society in order
To provide penalties for disorder
To settle disagreements
To provide deterrence to disorder
History of Law
• Code of Hammurabi
• King Hammurabi of Babylonia
• 282 laws regulating behavior
• Oldest written code of law that applied to everyone–
1760 BC
• Very harsh rules & punishments
• Religious Code
• Ten Commandments, Islamic Law
• Draconian Laws –
– Ancient Greek law that had extreme punishments for small
crimes
• Justinian Code
• Simplified Roman Code of law – based on jurisprudence
(theory of law)
• English Common Law
• Primary source of our laws
• Based on precedent
• Statutes – acts of parliament
Types of Laws
• Public or Constitutional
–Involves Constitutional questions
–Supreme Court
• Administrative Law
–Involves laws passed by government agencies
–Tax law
–Example – Federal Trade Commission has regulations to
protect consumers from harmful products
• Statutory Law
–Laws passed by legislatures
Types of Laws
• Civil
–Involve disputes
–A fine or amount is paid as the result
• Criminal
–Violations of law
–Jail sentences are the result
–Misdemeanors
–Felonies
Civil Cases
• One person files a lawsuit against another
• Plaintiff – Person/party filing a lawsuit
• Defendant - individual/group being sued or charged with
a crime
• Suit of Equity – special case when there are no existing
laws or cases
• Judges decide not juries (usually)
• Judge may issue an injunction -a court order commanding
a stop to an action
• Most are settled out of court
• Magistrate Judge less than $5,000, District Court less than
$10,000, Superior Court more than $10,000
Criminal Cases
• Prosecution & Defendant
• Burden of Proof - is on the prosecution
–Prosecution – party who starts the legal proceedings
against another party for a violation of the law.
• Must prove guilt beyond a reasonable doubt
–Not a single doubt can exist
–Innocent until proven guilty!
Civil Case Procedures
1. Bringing the Suit
Plaintiff files
2. Summons Sent to Defendant 3. Defendant’s Response
Pleadings – a defendant’s response to the complaint
by admitting fault or denying charges
4. Discovery – each side gathers facts & evidence
5. Pretrial Discussions – decide if case should go to court
or be settled
6. Trial – both sides present their case
7. Verdict –decision of the judge or jury - if plaintiff wins
the judge sets a remedy - fine paid by defendant if
found guilty in civil case
8. Appeal – both sides have the right to appeal a decision
Criminal Case Procedures
1. Suspect is arrested – Must be read their Miranda
rights
2. Preliminary Hearing – judge reads charges & sets bail
3. Indictment – grand jury decides on evidence
4. Arraignment – defendant enters a plea & trial date is
set
5. A plea bargain can be made at this time
defendant agrees to plead guilty to a lesser crime
Used to convict someone else
6. Discovery – both sides gather evidence
7. Jury is selected
8. Trial
Trial
1. Prosecution makes an opening statement first
2. Defense then makes their opening statement
3. Prosecution calls witnesses for testimony –
statement a witness makes under oath
Defense can cross-examine – question a witness at
trial or hearing to check or discredit testimony
4. Prosecution rests
5. Defense calls witnesses for testimony
Prosecution can cross-examine
6. Defense rests
7. Both sides make closing statements
Trial cont.
8. Jury Decision – Verdict
–Jury first deliberates – jurors review evidence and legal
arguments
–Must decide guilt beyond a reasonable doubt
–Acquittal – jury decides not guilty & defendant is
released – can’t be retried for the same crime
–Guilty – date is set for sentencing
–Hung Jury – jury can’t decide – this is a mistrial and
can be retried
9. Appeal - If the defendant is found guilty, the defense
may appeal the verdict to a higher court
Penalties for breaking the law
• 4 functions of penalties
–Punishment
–Protect society
–Make examples (deterrence)
–Rehabilitation
• State Penal Code – state’s written criminal laws. Crimes
are defined. Punishments for each crime spelled out
• Indeterminate Sentence – judge sets a minimum &
maximum sentence
• Determinate Sentence – judge sets a specific sentence
• Mandatory Sentence – judge sets a sentence in
accordance with state law