Warm Up
• What does the study of law mean to
you?
• What does it mean to “sue” someone?
• What is the purpose of a lawyer?
• Once you’ve answered these 3 questions,
get your device out and connect it to the
wifi.
Unit 4
The American Legal System
Types of Laws
4.1
•4.1: Identify the
different types of laws
I. Kinds of Laws
A. Constitutional Law- highest form, based on
Constitution and judicial interpretation
B. Statutory Law- statutes/laws passed by
legislatures of all levels
C. Administrative Law- rules, orders, regulations
passed by executive officers of all levels
D. Common Law- case law based on judicial precedent
E. International Law – law between nations;
treaties, trade, etc.
F. Criminal law – punishment for crimes
G. Civil law – lawsuit for wrongdoing or
negligence NOT the crime.
II. Federal v. State Crime
• Statute: state or federal law
• Ordinance: local law
• Federal Crime: crime against U.S.A. (felonies)
• bank robbery, terrorism, counterfeiting, tax evasion,
organized crime
– FBI has jurisdiction
• State Crime: crime against state (felonies or
misdemeanors)
• murder, assault, burglary, theft
– NC Bureau of Investigation has jurisdiction at state level
– Sheriff has jurisdiction at the county level
LAW JEOPARDY
Post Assessment
1. Also known as precedent,
this type of law is
developed by courts
rather than legislatures
2. Law enacted by a
legislature
3. Law that governs and
regulates government
agencies
4. Law that is enforced by
government for severe
and minor violations
5. An environmental
regulation that was
implemented by the EPA
6. Law that settles disputes
between people; divorce
7. Leandro v. State 1994
8. A murder case
9. The US Supreme Court
examines Obamacare to
determine if it should
stay.
10. A case of negligence
where a shopper slips on
a wet floor that was not
marked with a hazard
sign.
4.1.2 COMPARE AND CONTRAST
CRIMINAL AND CIVIL LAW
Pre Assessment
• See what you know!
Which of the following parties is not
involved in a criminal lawsuit?
1.
2.
3.
4.
Prosecution
Defense
Judge
Plaintiff
25%
1
25%
25%
2
3
25%
4
In criminal law the defendant has
committed a __________. In civil law
the defendant has committed a
25%
25%
25%
25%
______________.
1.
2.
3.
4.
Crime, tort
Tort, crime
Crime, felony
Felony, crime
1
2
3
4
Which of the following is an example
of a felony?
1.
2.
3.
4.
Arson
Petty theft
Simple assault
trespassing
25%
1
25%
25%
2
3
25%
4
Which of the following would be
grounds for a civil lawsuit?
1.
2.
3.
4.
Trespassing
Wrongful death
Assault
All of the above
25%
1
25%
25%
2
3
25%
4
What are the two classifications of
crimes in the United States?
1. Worse crime, small
crime
2. Prison, jail
3. Bad, worse
4. Felony,
misdemeanor
25%
1
25%
25%
2
3
25%
4
Who is the plaintiff in a lawsuit?
1. The person bringing
an accusation
2. The government
3. The person
defending his or
herself
4. The head of the jury
25%
1
25%
25%
2
3
25%
4
What is a “settlement”?
1. Where the two parties
will continue with the
court case
2. Where the two parties
will decide what court
they will use
3. Where the lawyer
settles for his fees
4. Where the two parties
agree on terms outside
of court
25%
1
25%
25%
2
3
25%
4
Why would one of the parties want to
“settle”?
1. To avoid the time
and expense of a
court case
2. To avoid fighting
one another
3. To avoid losing their
friendship
4. To ensure that the
defendant loses
25%
1
25%
25%
2
3
25%
4
A local law is called a:
1.
2.
3.
4.
Statute
Felony
Misdemeanor
Ordinance
25%
1
25%
25%
2
3
25%
4
If Joe commits murder in North
Carolina, what court would he report
to?
1. A federal court
2. A South Carolina
Court
3. A North Carolina
Court
4. A Supreme Court
25%
1
25%
25%
2
3
25%
4
What is the “dual court system”?
1. Criminal and civil
courts
2. Felonious and
misdeeming courts
3. State and local
courts
4. Federal and state
courts
25%
1
25%
25%
2
3
25%
4
The United States has an “adversarial
system” of justice. What does this
mean?
1. There are two opposing
parties in court who are
both trying to win
2. There are good people and
bad people in the court
system
3. There are winners and
losers in the court system
4. Felonies and
misdemeanors are the only
ways to commit crime
25%
1
25%
25%
2
3
25%
4
What law enforcement agency has
jurisdiction over a case involving a
serial killer across many different state
25%
25%
25%
25%
lines?
1. CIA
2. Sheriff
3. FBI
4. Police
1
2
3
4
For what type of offense would an
individual go to prison and for how
long?
1. A serious
misdemeanor, 1
year or less
2. A serious felony, 1
year or more
3. A petty
misdemeanor, 1
year or more
4. A petty felony, 1
year or less
25%
1
25%
25%
2
3
25%
4
What role can a Grand Jury play in the
procedures of a criminal court case?
1.
2.
3.
4.
The arraignment
The indictment
Sentencing
Delivering the
verdict
25%
1
25%
25%
2
3
25%
4
I. Criminal Law
1. Govt. against person
– prosecution v. defendant
– Crime types:
•
Felony: More serious crime. prison term of more
than one year
»
•
Ex. Murder or robbery
Misdemeanor: Less serious crime. Prison term of less
than one year
»
Ex. Simple assault or minor theft
2. Guilt or innocence
• “Beyond a reasonable doubt”
– If there are any doubts about a defendant’s guilt,
then judge or jury must vote not to convict
II. Civil Law
1. between individuals or groups
• Person against person
• plaintiff v. defendant
– Civil Action
• A lawsuit can be brought by a person who feels
wronged or injured by another person
2. Types
1. Tort Law
1. Plaintiff claims a civil wrong
2. Family Law
1. Divorce, child custody, marriage
3. “Preponderance of the Evidence”
3. The judge or jury needs only to decide if it is more
likely than not that the plaintiff’s complaint is true
(lower standard than for Criminal cases)