Legal System

Evolution of Law in Western Society Code of Hammurabi: 1st written form of law Magna Carta- Gave certain rights to every freeborn Englishman Ex: Right to trial by a jury

What is Law? Law: system of rules created by our goverenment Rule of Law: everyone is subject to the law Due Process of Law: everyone is treated equally under the law Laws are enforced in the courts

Sources of Law Constitutional Statutory- Laws passed by Congress Statutes Regulations- A rule a government agency makes to enforce the law Common law- Based off of customs and previous decisions

Types of Law Civil Law- governs everyday relations between citizens (people) Criminal Law- concerns the prosecution and punishment of individuals for crimes Constitutional Law- consists of the Constitution itself and those federal laws that protect our rights under the Constitution Military Law- consists of the special laws and procedures that apply to the armed forces Juvenile Law- laws for individuals under the age of 18

The Organization of the Florida Court System From Lowest to Highest: County Courts: handle lesser crimes ( misdemeanors), small claims and civil cases less than $15,000; Trial Court FL Circuit Courts: more serious crimes ( felonies), civil cases more than $15,000, and family law matters FL District Courts of Appeal: Appellate Court; they review appeals from cases decided by the circuit courts. FL Supreme Court: Reviews cases from both Florida’s circuit courts and the District Courts of Appeal. Generally an Appellate court, but has original jurisdiction in some cases. Habeas Corpus

The organization of the Federal Court System From Lowest to Highest: U.S. District Court: Trial Court: Has the power to hear civil and criminal cases involving federal laws. Only Fed. Court to have a jury. U.S. Circuit Court of Appeals: Hears appeals from District Courts U.S. Supreme Court: Hears cases of those who are not satisfied with a decision of a U.S. Circuit Court of Appeal, or a state Supreme Court can petition the Supreme Court to hear a case. The Supreme Court has the power of Judicial Review. Habeas Corpus.

The Trial Process 1.Jury Selection: Jurors must be unbiased. The juror's’ role is to listen to evidence and determine the facts of the case. 2.Opening Statements: The purpose of opening statements is to tell jurors something about the case they will be hearing. Plaintiff Defendant 3.Testimony/ Evidence: Each lawyer gets to question each witness. Then the defendant can present their case. Direct Examination Cross Examination Closing Arguments: each lawyer summarizes the evidence and tries to persuade the jury to believe their side

Continued 4.Jury Instructions: The judge provides directions to the jury 5.Jury Deliberations: The jury deliberates and reaches a verdict. When a jury has reached a verdict, the jurors sign a form and notify the bailiff

Landmark Cases Bush v. Gore- The Supreme Court ruled that the Florida Supreme Court’s recount order was unconstitutional U.S. v Nixon: Supreme Court limited executive privilege ( The president is subject to the rule of law) Miranda v Arizona: Supreme Court upheld the 5th Amendment protection from self-incrimination Plessy v Ferguson: “Separate but Equal” is constitutional and remains in effect until Brown v. Board of Education and the Civil Right Act 1964

Cases Continued. Brown v. Board of Education: Segregation is not equal in public education; denies equal protection Gideon v. Wainwright: States must pay for public defenders Hazelwood v Kuhlmeier: does not protect all type of free speech in school. In re Gault: Juvenile Court must comply with the 14th amendment D.C. v. Heller: Supreme Court upheld that the 2nd amendment protects individual’s rights to own a firearm.