Goal 5 & 6 The Legal System

Laws- set of rules made and enforced by society. Laws safeguard rights, provide us with services, organize society, and protect people. –Common Law- law based on common practices and past decisions by judges –Statutory Law- written law enacted by a governing body

Influences on American Law Code of Hammurabi Definition –First set of written laws with punishments –Very harsh, different for the wealthy & the poor Influence –Breaking the law = consequence ex: death, cut off hand

Ten Commandments Definition –Set of moral laws –Based on “right” and “wrong” Influence –Established moral laws in America Ex: don’t kill, don’t steal, don’t cheat

English Common Law Definition –English courts use previous cases to decide crimes and punishments Influence –The use of precedence in American court system –MOST influential!

Roman Law (Jurisprudence) Definition –The study of the law as a profession Influence –Law School, Lawyers & Judges Justinian Code (528 AD) –based on Roman idea of jus- or justice; punishment should fit the crime Napoleonic Code; Napoleon updated Justinian’s laws (Louisiana still follows)

Types of Laws #1: Constitutional Law Description – A Law created by the Constitution or decided by the Supreme Court (stare decisis) Example –Amendments & Court decisions –Includes Bill of Attainder & Ex Post Facto

#2: Administrative Laws Description –A law created by a government agency –Typically “regulations” or “requirements” Example –Restaurant ratings, ‘bleeped’ words on the radio, airplane regulations, workplace safety

Regulatory Agencies –FDA: Food & Drug Administration –NASA: National Aeronautical Space Administration –EPA: Environmental Protection Agency –OSHA: Occupational Safety Health Act –FCC: Federal Communication Commission –CDC: Center for Disease Control –FEMA: Federal Emergency Management Agency –CIS: Citizenship & Immigration Services –CPSC: Consumer Product Safety Commission

#3: International Laws: - affect US and other nations (Declaration of the Rights of Children, UN World Court, treaties) #4: Civil Law #5: Criminal Law