The US Legal System Sources of Laws and Basic types of Laws

What are characteristics of a “Good Law”? Fairness Reasonable Understandable Enforceable

Source of Our Laws Ancient Law Codes- Hammurabi’s Code, Ten Commandments Roman Codes English Law- Magna Carta, English Bill of Rights, Common Law System American System- Declaration of Independence, Constitution

Hammurabi’s Code The Ten Commandments

Types of Laws

Common Law Law from custom, tradition, and judicial decisions (precedent)

Common Law Example Imagine that you bring a case to court based upon injuries you sustained from a car accident. You are suing the driver who was intoxicated when the accident happened. The judge, in adherence to common law, must decide whether the party is liable for your damages from the accident. He will rely upon the arguments and statements made during the case, as well as use prior decisions whenever necessary to interpret any legal matters that come up.

Criminal Law Relates to crime; Breaking the legal code – Felony- serious crimes with punishment of more than a year in jail – Misdemeanor- less serious crimes with jail time or a fine a law with a penalty (penal law) Laws covering harms against the state Examples- Theft, substance abuse, sex offenses, murder; any case brought against a defendant by the state

Civil Law Laws covering contracts and relations between individuals No crime has been committed

Civil Law Examples family law- divorce, alimony, child custody tort law- negligence or wrongful act/omission causing death, personal injury, or property damage probate law- handling the estate of someone who has died labor law- anything having to do with the workplace

Taking Sides Plaintiff- Someone who files a lawsuit against someone else in a civil court Defendant- Someone charged with a crime (criminal trial) or complaint (civil trial)

Constitutional Law Law found in the Constitution and that interprets the Constitution

Constitutional Law Examples A court refuses to appoint a lawyer to a defendant who can’t afford one. Any case where the state becomes the defendant in a question regarding a constitution and its amendments

Administrative Law Law that governs the powers of regulatory agencies Examples- The Environmental Protection Agency called for a stop to businesses dumping their toxic wastes into the ocean. Regulations passed by the regulatory agencies

Examples of Regulatory Agencies Interstate Commerce Commission (ICC) – 1887 – Railroads, trucking, pipelines, barges, express carriers Federal Reserve Board (FRB) – Banks Food and Drug Administration (FDA) – Food, drugs, cosmetics Federal Communications Commission (FCC) – 1934 – Radio, television, telephone, telegraph Federal Aviation Administration (FAA) – Airline safety National Highway Traffic Safety Administration (NHTSA) – Motor vehicles

Statutory Law Laws passed by a legislative body or governing authority Examples- littering, restrictions on certain fireworks in NC

International Law Law that covers the rules and principles pertaining to the relationship between nations or between people in different nations Example- Treaty between countries

Military Law the law governing the armed forces Example- Uniform Code of Military Justice which is a set criminal laws that apply to people in the military

Juvenile Law law that deals with the actions and the wellbeing of persons who are not yet adults Delinquent- a juvenile found guilty of a crime Status Offender- a juvenile that is found guilty of breaking a law that wouldn’t be a crime if they were an adult (like skipping school) Child Protective Services- government agency in most states that respond to reports of child abuse or neglect

Which type of law is this? A court removes a child from a guardian’s custody because of neglect Juvenile Law

Which type of law is this? Cases about unemployment, distribution of food stamps, and worker’s compensation benefits Administrative Law

Which type of law is this? Leandro vs. the State of North Carolina Constitutional Law

Which type of law is this? In a case where a young person who is a US citizen with a parent who lives in another country, the court’s duty to serve that parent papers. The court must follow the law(s) of the other country International Law

Which type of law is this? In the case of privacy law, the question of what is reasonable search and seizure is determined by the individual court Common Law

Which type of law is this? A municipality does not follow proper procedure to annex a new territory Statutory Law

Which type of law is this? The Elizabeth Smart case: The abductors are considered a danger to society Criminal Law

Civil and Criminal Trials