Jurisdiction and Sources of Law SSS: 3.10 – Identify sources and types of law EQ: What types of law do we have in the United States and how has law evolved throughout history?

Skill Builder Read “The Code of Hammurabi” on page 145, answer the following questions on a separate piece of paper. Were the penalties for crimes in ancient Babylonia harsher than today? Which of the laws listed were to deter crime, and which were to compensate a victim for losses? How were the penalties for hurting another person different, depending on his or her social status?

Federal Jurisdiction Cases involving federal law, including the U.S. Constitution itself Cases involving the United States, individual states or foreign powers as parties Cases between citizens of different states – even if the dispute is under state law

Original Jurisdiction The case begins with the Supreme Court, this also means this court is the first court to hear these cases Example: disputes between states (Florida v. Georgia:1854)

Appellate Jurisdiction The Supreme Court cannot try these cases, they can only review decisions from lower courts that losing parties ask them to

Writ of certiorari Is an order by an appellate court granting a request for judicial review

“We can’t hear every case!” The Supreme Court carefully selects which cases to hear. It generally chooses those cases it believes to be of genuine national importance, and usually involve the interpretation of an important federal law or the U.S. Constitution. Fewer than one out of every 100 petitions to the Supreme Court are granted a writ of certiorari each year. The Court generally hears “oral argument” and issues written opinions on only 75-80 of these cases. It also usually resolves another 50 cases without oral argument.

Evolution of Law Magna Carta England (1215 A.D.) Trial by Jury Laws have to be approved by Parliament, not just the king Magna Carta Roman Republic (450 B.C.) Laws applied equally to poor and rich (but not equally to slaves) Twelve Tables Mesopotamia (1754 B.C.) Different rules for different people Hammurabi’s Code

It’s a bit more fair now… Laws have evolved greatly since the time of Hammurabi, you will no longer have your hands cut off for hitting your father (yup, that was really a law). We now have many sources (or types) of law. Please read along on pages 149-150 to learn more...

Sources of Law With a partner, read the excerpts for each of the three cases, and decide what kind of law it falls under (use p. 149-150 to help you) Answer the Essential Question