Types of Laws Chapter 15.2

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Criminal Law Criminal cases are about someone breaking the law. Examples are felonies and misdemeanors. The Government (State or Federal) brings these cases to court by filing charges. The government is called the Prosecution. The government (prosecution) always has the burden of proof and must unanimously convince a jury “beyond a reasonable doubt.” A Petit Jury of 12 determines the verdict and recommends a sentence. Do questions at the bottom of p. 46.

Civil Law These cases are about disputes. Examples include Torts (personal injury or wrongs), family cases, and property disputes. The Plaintiff (person or group wronged) brings the case to court by filing a lawsuit. There is no burden of proof but a verdict is reached based on the “greater preponderance of evidence.” A jury’s verdict needs only a majority of 7 of 12. If defendant is found liable or negligent, they must pay damages to remedy their wrong.

Constitutional Law These cases are over disputes involving the interpretation of the Constitution. Generally start in the federal district courts. The US Supreme Court has the final authority on these cases. Examples include: Tinker v. Des Moines Brown v. Topeka Board of Education Marbury v. Madison

Administrative Law Administrative Law Explained Involves issues that arise in carrying out the laws of Congress or the NCGA. Which branch carries out laws? Usually arise from punishments handed down by agencies. The US/NC Courts of Appeals usually has final authority in interpreting rules and their punishments. Why? Examples include: Workplace Safety Rules…OSHA 7 Word Rule…FCC Federal Election Campaign Finance Rules…FEC NCDPI…NC Final Exams, EOC, EOG, etc.

Statutory Law Involves state laws and local ordinances that regulate behavior or reinforce societal norms. These cases are usually interpreted by state courts. NC Supreme Court is the final authority on most of these matters. Examples include: NC Graduation Requirements NC laws on adoption, marriage, & divorce NC Rules for Driver’s Licenses Ordinances on burning, noise, leashes, etc.

Applying your Knowledge, p. 47 Working with your elbow partner, read the laws to determine the following for each: Who passed the law? Who is in charge of enforcing the law? What happens if this law is broken? What type of law is it? Discuss each scenario.

Assignment, p. 48 Read 15.3. Take notes Complete questions by heading focusing on rights guaranteed in court and the case & amendments that clarified each right. Any new vocabulary words should also be added to your notes. Due tomorrow!