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Section 1: Sources of Our Laws Section 2: Types of Laws Chapter Introduction Section 1: Sources of Our Laws Section 2: Types of Laws Section 3: The American Legal System Visual Summary Chapter Menu

The Constitution and the Bill of Rights contain important provisions, or laws, safeguarding the rights of Americans. In return, our system of laws gives American citizens a number of responsibilities. Chapter Intro 1

Section 1: Sources of Our Laws Throughout history, civilizations have developed systems of laws to meet their needs. Our laws today can be traced back to early legal systems such as the Code of Hammurabi and English common law. Chapter Intro 2

Section 2: Types of Laws The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties. A variety of laws protects people and their property, and helps settle disputes between parties. Chapter Intro 2

Section 3: The American Legal System The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties. All Americans have basic constitutional legal rights and responsibilities as well as important protections if they are accused of a crime. Chapter Intro 2

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Guide to Reading Big Idea Throughout history, civilizations have developed systems of laws to meet their needs. Section 1-Main Idea

Guide to Reading Content Vocabulary Academic Vocabulary common law precedent statute Academic Vocabulary potential resolve tradition Section 1-Key Terms

Good laws must be (based on ancient laws. Reasonable. Harsh Good laws must be (based on ancient laws? Reasonable? Harsh? Last for generations?) What was the first set of written laws? Who updated the Justinian Code?

In contrast with today’s laws, the Code of Hammurabi (was written by the people themselves? Originated in England? Was passed orally from one generation to the next? Set harsh penalties for crimes?)

Roman laws (often came to include commentaries Roman laws (often came to include commentaries? Treated criminals with compassion? Were ignored by Justinian? Were condemned by the Catholic church?)

English Common Law included: (parts of the Napoleonic Code English Common Law included: (parts of the Napoleonic Code? Acts of Parliament? Basic rights, such as trial by jury? Parts of the Justinian Code)

Functions of Laws Functions of laws: Laws are sets of rules that allow people in a society to live together. Functions of laws: Define what is and is not permissible Set punishments meant to discourage potential criminals Administration of justice through law enforcement agencies and courts Establish rules for settling disagreements over non-criminal matters Section 1

Functions of Laws (cont.) Characteristics of good laws: Fair to everyone Reasonable punishments Understandable by the public Enforceable by community, state, or federal authorities Section 1

History of Law Earliest laws Law systems of early societies influence us today. Earliest laws Unwritten ideas, traditions, and customs probably served as a kind of law for early societies Passed orally from generation to generation Section 1

History of Law (cont.) Early systems of written law: Code of Hammurabi compiled by King of Babylonia, 1760 B.C. Ten Commandments of Hebrew Bible First code of Roman law published, 450 B.C. Development of Legal Systems Section 1

History of Law (cont.) Imperial expansion spreads Roman law through Europe, Africa, and Asia. Code of Justinian, A.D. 533: Basis for law in Byzantine Empire Becomes part of canon laws of Roman Catholic Church Updated by Napoleon in Napoleonic Code Section 1

History of Law (cont.) English system of common law: Most important source of American law Begins to take shape after Norman Conquest of England Law based on precedents established by court decisions rather than a legal code Section 1

History of Law (cont.) English common law incorporates Roman and canon law Basic principles of individual rights evolve Statutes come to dominate system, common law still significant Brought to North America in 1600s and 1700s by English settlers Section 1

Section 1-End

Guide to Reading Big Idea The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties. Section 2-Main Idea

Guide to Reading Content Vocabulary plaintiff defendant felony misdemeanor larceny robbery burglary lawsuit tort libel constitutional law Section 2-Key Terms

Guide to Reading Academic Vocabulary prohibition recover Section 2-Key Terms

What do opposing lawyers do under the American adversary system? Most criminal trials in the US involve? Which type of law is involved if a defendant argues that he or she is the victim of an unreasonable search?

Criminal and Civil Law Criminal laws help maintain a peaceful and orderly society, while civil laws involve disputes between people or groups. Section 2

Criminal and Civil Law (cont.) Criminal law: To prevent people from deliberately or recklessly harming one another or one another’s property Government always the plaintiff Accused individual or groups are defendants Section 2

Criminal and Civil Law (cont.) Based on idea that society is a victim when a crime is committed 95 percent of U.S. criminal trials are for violations of state laws. Titling of cases: state v. defendant Section 2

Criminal and Civil Law (cont.) It is an adversary system: Lawyers for opposing sides present their strongest case Judge has impartial role System has critics and defenders Section 2

Criminal and Civil Law (cont.) Classification of crimes: Felonies are more serious crimes, such as murder. Misdemeanors are minor infractions, such as vandalism. Section 2

Criminal and Civil Law (cont.) Crimes against property most common: Property is destroyed, such as arson or vandalism Property is taken against owner’s will, such as larceny, robbery, burglary Section 2

Criminal and Civil Law (cont.) Disputes between people or groups No criminal laws have been broken Not viewed as threat to society When a civil case goes to court, it is called a lawsuit. In lawsuits, the plaintiff sues to collect damages for some harm done by the defendant Section 2

Criminal and Civil Law (cont.) Civil cases might involve: Contracts Torts Family law Section 2

Criminal and Civil Law (cont.) Champions of legal rights: John Peter Zenger (libel and freedom of the press) Ida Wells-Barnett (civil rights) Section 2

Other Types of Law (cont.) The laws that govern our lives and protect our rights come from many sources Constitutional law Cases that concern the limits of government power and the rights of the individual Comes from U.S. Constitution Section 2

Other Types of Law (cont.) Other sources: State constitutions Administrative agencies Lawmaking bodies Section 2

Other Types of Law (cont.) Administrative law: Rules and regulations made by executive branch and its agencies Statutory law: Statutes, or laws written by a legislative branch of government Section 2

Section 2-End

Guide to Reading Big Idea The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties. Section 3-Main Idea

Guide to Reading Content Vocabulary stare decisis writ of habeas corpus bill of attainder ex post facto law due process of law search warrant double jeopardy grand jury plea bargaining bail Section 3-Key Terms

Guide to Reading Academic Vocabulary interpret factor presume Section 3-Key Terms

Ernesto Miranda was: If a grand jury finds sufficient evidence, it indicts, or … Jury members must be (impartial? 30+ years old? From a different area than the one where the crime is commited? Represented by a lawyer?)

The equal-protection clause does what: The exclusionary rule was meant to: The two stage process for death penalty cases was established to:

Protections in the U.S. Constitution Americans have both basic legal rights and responsibilities. Separation of powers in U.S. Constitution: Legislative branch makes law Executive branch enforces law Judicial branch interprets law Section 3

Protections in the U.S. Constitution (cont.) Basis of judicial branch interpretation: Written laws Judicial precedents Stare decisis: “let the decision stand” Section 3

Protections in the U.S. Constitution (cont.) Sources of Americans’ basic legal rights: Article I of the U.S. Constitution Constitutional Amendments Constitutional Rights of the Accused Section 3

Protections in the U.S. Constitution (cont.) Article I: Provides for writ of habeas corpus Forbids bills of attainder and ex post facto laws Section 3

Protections in the U.S. Constitution (cont.) Constitutional Amendments: Bill of Rights Requirement of equal protection in 14th Amendment Due process of law mandated in 5th and 14th Amendments Section 3

Guaranteed Rights of Those Accused The U.S. Constitution includes several protections for Americans accused of a crime. Section 3

Guaranteed Rights of Those Accused (cont.) The U.S. Constitution includes rights that protect citizens accused of crimes. Accused are presumed innocent until proven guilty in a court of law. Section 3

Guaranteed Rights of Those Accused (cont.) Fourth Amendment: Protects citizens against “unreasonable searches and seizures” Gives Americans right to be secure in their homes and property Requires search warrants and probable cause Mapp v. Ohio and the “exclusionary rule” Section 3

Guaranteed Rights of Those Accused (cont.) Fifth Amendment: Guarantees that “no person . . . shall be compelled to be a witness against himself” Miranda v. Arizona Protects against double jeopardy Establishes right to grand jury for people accused of serious crimes Miranda Warning Section 3

Guaranteed Rights of Those Accused (cont.) Sixth Amendment: Establishes right to legal counsel Gideon v. Wainwright Accused people must be informed of nature and causes of the accusations against them Right to a speedy and public trial, by an impartial jury Gives accused people the right to question witnesses against them Section 3

Guaranteed Rights of Those Accused (cont.) Averting a jury trial: Bench trials Plea bargaining Section 3

Guaranteed Rights of Those Accused (cont.) Eighth Amendment: Outlaws “cruel and unusual punishments” Controversy over death penalty Furman v. Georgia Prohibits excessive bail Section 3

Section 3-End

Sources of Our Laws The set of rules and standards by which a society governs itself is known as law. Laws keep the peace and prevent violent acts. Laws set punishments and rules for resolving disputes. To be fully effective, laws must be fair and must treat all people equally. VS 1

Early Systems of Law The earliest laws were probably passed from one generation to the next by word of mouth. Early laws, such as the Code of Hammurabi, the Ten Commandments, Roman law, and English law, have influenced our laws today. VS 2

The American Legal System The Constitution is our most fundamental and important source of law. Many types of law exist, including criminal and civil law. Whereas criminal law deals with criminal acts, civil law deals with disputes between people or groups. Article I of the U.S. Constitution and the Bill of Rights include several protections for those accused of a crime. VS 3

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common law a system of law based on precedent and customs Vocab1

precedent a ruling that is used as the basis for a judicial decision in a later, similar case Vocab2

statute a law written by a legislative branch Vocab3

potential capable of being or becoming Vocab4

resolve to find a solution or reach a decision Vocab5

tradition a way of thinking or acting that is long established Vocab6

plaintiff a person or party filing a lawsuit Vocab7

defendant an individual or group being sued or charged with a crime Vocab8

felony a serious crime such as murder, rape, kidnapping, or robbery Vocab9

misdemeanor a relatively minor offense such as vandalism or stealing inexpensive items Vocab10

larceny the unlawful taking away of another person’s property with the intent never to return it Vocab11

robbery the taking of property from a person’s possession by using force or threats Vocab12

burglary unlawful entry into any dwelling or structure Vocab13

lawsuit a legal action in which a person or group sues to collect damages for some harm that is done Vocab14

torts wrongful acts for which an injured party has the right to sue Vocab15

libel written untruths that are harmful to someone’s reputation Vocab16

constitutional law branch of law dealing with formation, construction, and interpretation of constitutions Vocab17

prohibition an order forbidding something Vocab18

recover to regain or reclaim Vocab19

stare decisis the practice of using earlier judicial rulings as a basis for deciding cases Vocab20

writ of habeas corpus a court order that requires police to bring a prisoner to court to explain why they are holding the person Vocab21

bill of attainder a law that punishes a person accused of a crime without a trial or a fair hearing in court Vocab22

ex post facto law a law that would allow a person to be punished for an action that was not against the law when it was committed Vocab23

due process of law procedures established by law and guaranteed by the Constitution Vocab24

search warrant a court order allowing law enforcement officers to search a suspect’s home or business and take specific items as evidence Vocab25

double jeopardy putting someone on trial for a crime of which he or she was previously acquitted Vocab26

grand jury a group of citizens that decides whether there is sufficient evidence to accuse someone of a crime Vocab27

plea bargaining negotiation between the defense attorney and the prosecutor Vocab28

bail a sum of money used as a security deposit to ensure that an accused person returns for his or her trial Vocab29

interpret to explain or translate Vocab30

factor an element contributing to a result Vocab31

presume to assume or suppose to be true Vocab32

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