LAW IN AMERICA CHAPTER 15

Sec. 1 SOURCES OF AMERICAN LAW Early System of Law: Code of Hammurabi- earliest known written laws. King of Babylonia from 1792-50 B.C. Laws were based on family, civil, criminal, property. Ten Commandments- the Bible served the source of law. The Commandments proclaimed moral rules instructing people on how they should behave toward one another. Law: set of rules and standards by which a society governs itself. Gavel

Five Types of Law Constitutional Law Applies to that branch of the law dealing with the formation, construction, and interpretation of constitutions. State Constitutions vs. U.S. Constitution- state courts decide cases involving state constitutions, but sometimes based on the U.S. Const. EX of cases: government’s power and the right of individual. President decisions, Congress and other top officials.

Statutory Law Is a law written by a legislative branch of government. U.S. Congress, state legislative, and local legislative bodies write thousands of these laws. Ordinances- Statutes passed by city council. EX: limit citizens’ behaviors (speed limit, rules for inspecting food products, setting minimum age to work, drive, etc)

Administrative Law Spells out the authority and procedures to be followed by government agencies, as well as the rules and regulations issued by these agencies. This deals with agencies regulating people’s behavior or providing or denying government benefits to people. EX: welfare payments, medical insurance …

Equity courts hold an injunction to prevent an action from occurring. COMMON LAW Most important basis of the American legal system. (common law or case law) Used nationwide, except in LA, where legal procedures are based on the Napoleonic Code. This is a law made by judges in the process of resolving individual cases. Originated in England. PRECEDENT - Judges make decisions based on previous rulings. Cases w/o precedent …. Judges use common sense and customs, this created precedent for the future. Equity System of rules by which disputes are solved on the grounds of fairness. Equity courts hold an injunction to prevent an action from occurring. Ex: Prohibits your neighbor from parking his car in your lawn or stealing oranges from your tree.

Four Legal System Principles “Equal Justice Under the Law”: refers to the goal of the American court system to treat all persons alike. 15th-18th Amendments- spells out these rights. Due Process of Law: - Substantive Due Process- both rights specified in the Constitution and rights that are not (right of privacy when making personal decisions) Ex: 3 month maternity leave, the choice of selecting a public/private school, etc. - Procedural Due Process- Government must respect legal rights of a person. Ex: Law enforcement must notice a person that he or she has done something wrong and that the gov’t will take action Giving the affected person the right to respond concerning the accusation.

Adversary System The courtroom is a kind of arena: Lawyers, present their case. Judge, has an impartial role and should be fair to both parties. Critics argue that this system encourage lawyers to ignore evidence not favorable to their sides and to be more concerned about victory than justice. Supporters believe this is the best way.

Presumption of Innocence A person, although accused, is innocent until proven guilty in a court of law. Presumed Innocence is not stated in the Constitution, but is a heritage in the American legal system. Prosecution v. Defendant

Sec. 2 CIVIL LAW

Types of Civil Law Family Law Property Law Contracts Expressed Contract v. Implied Contract Parties must agree, must not include doing or selling anything illegal. Must include: an offer, acceptance, and consideration. Types of Civil Law Torts or Civil Wrongs Wrongful act, in which parties have the right to sue damage in court Important b/f the Indust. Rev.- all cases involved w/ railroads By the 1900s, state/fed. Government implemented new regulations Categories: Intentional torts Negligence Family Law Deal w/ relationship b/w family members. Child custody, parent-child relationship, marriage, divorces. Property Law Real Property v. Personal Property Mortgage

Six Steps in a Civil Case Lawsuits are the ultimate method to settle a dispute. Time consuming, EXPENSIVE, and does not guarantee victory for the plaintiff. Plaintiff v. Defendant In some cases, lawsuits involving equity the court may issue an injunction. 1. Hire a lawyer 2. Filing the Complaint: - Defendant receives a summons (official notice of the lawsuits that includes the time and date for first appearance) - Defendant’s lawyer may file a motion to dismiss, asking the court to end the lawsuit. - If the court denies the motion, the defendant must file an answer, failure to answer means victory by default for the plaintiff. - The defendant must file a counterclaim, a lawsuit to the plaintiff meaning that he or she also did something wrong.

3. Pretrial Discovery: - Both parties prepare for trial by sharing evidence and facts to support the case. - May take months and years 4. Resolution w/o a Trial: -90% of lawsuits are settle w/o trial. - A party may propose a settlement/ judge may call a pretrial conference where parties talk things over. - During mediation each side is given the opportunity to explain its side. - Arbitration- process conducted by a professional who reviews evidence and decided how a problem must be settled. 5. Trial: - Can be heard by a judge or grand jury (6-12 people) - Plaintiff present side followed by defendant. 6. The Award: - Court award damages vs. Injunctive relief

Small Claims Court Small debts, property damages, landlord-tenant disputes, small business. Max $5,000 Court charges $10-$50 filling fee. Affidavits

Sec.3 Criminal Law The gov’t charges someone w/ a crime & is always the prosecution. The goal of the prosecutor is to prove beyond a reasonable doubt that the defendant violated the law. What is a crime?

3 Types of Crimes Petty Offenses- Minor cases (parking illegally, littering, disturbing peace, minor trespassing, speeding) Misdemeanor- vandalism, simple assault, stealing inexpensive items… Penalty: fined or sent to jail. Felonies: Burglary, kidnapping, rape, fraud, manslaughter, murder. Penalty: Jail (at least a yr), can lose civil rights, possess a firearm, serve on jury duty.

Steps in Criminal Cases 1. Investigation and Arrest - Arrest Warrant 2. Initial Appearance 3. Preliminary Hearing or Grand Jury 4. Plea Bargaining 5. Arraignment and Pleas -Arraignment: guilty, not guilty, nolo contendere (guilty but will not say it), guilty-insanity 6. The Trial 7. The Decision 8. Sentencing

Ch 14 Sec. 3 rights of the accused Searches and seizures- 4th amendment Guarantee of counsel & Speedy Trial by Jury-6th amendment Cruel and unusual punishment-8th amendment Double jeopardy & protects against self incrimination - 5th amendment

14th amendment Citizenship by birth And Naturalization Due Process applies to all ( extension of the Bill of Rights)

2nd Amendment Right to bear arms – Gun ownership