Unit 7 The American Legal System

Sources of American Law

I. Introduction Why do we have laws??? – They allow us to live peacefully together in society – Prevent anarchy What are characteristics of good laws? – Fair – Reasonable – Understandable – Enforceable

II. Early Legal Systems 1.Code of Hammurabi (5,000 years ago) – 1 st known written system of laws – Very harsh laws with very harsh penalties 2.Roman Law ( AD) – Justinian Code—Written by Justinian I; he simplified and modernized old Roman Laws 3.Napoleonic Code – Created by Napoleon (France) in 1804 – Forbade privileges based on birth

III. English Law Common Law—an unwritten system of law based on precedent and customs – Precedent: a ruling that is used as a model for a later, similar case Common law serves as the basis for the US Civil Law system In the late 1600s, Parliament replaced common law with written statutes

Types of Law

I. Criminal Law Laws that seek to prevent people from deliberately or recklessly harming one another

II. Civil Law Laws that deal with disputes between two parties

III. Constitutional Law The branch of law dealing with the formation, construction, and interpretation of the Constitution – Ex. Our court cases—the Supreme Court makes/adapts a new rule each time

IV. Administrative Law Rules and regulations that agencies of the executive branch make – Ex. The FAA says you can’t take liquids on an airplane

V. Statutory Law Laws made by a legislature – Ex. The NC General Assembly passed a law banning smoking in restaurants in 2009

Types of Law Mobile Cut 5 shapes and label each with a type of law – Civil, Criminal, Statutory, Constitutional, Administrative On the back of each shape, write the definition for that type of law Cut 5 separate shapes and draw an illustration for each type of law Decorate pieces and tie each piece to the coat hanger with yarn (make it secure!)

Civil Cases

I. Introduction The US judicial system is considered adversarial in nature – The plaintiff and the defense argue their best cases in front of a neutral judge and jury

II. Examples of Civil Cases Definition: Disputes between two parties who ask the court to decide who is correct Property disputes, breaches of contract, divorce, child support/custody Lawsuit: a legal action in which someone sues to collect damages for harm that is done

III. Procedure for Civil Cases The plaintiff files the complaint, a summons is sent to the defendant – Plaintiff—party that starts suit – Defendant—person being sued They have a trial in front of a judge and sometimes a jury

IV. Small Claims Court Civil cases heard by a magistrate that are worth less than $5,000 MORON!!!

Criminal Law

I. Introduction The US judicial system is adversarial 2 Types of Crimes – Felonies—more serious – Misdemeanors—less serious

II. The Criminal Process 1.Get suspects, arrest them 2.Preliminary hearing—bail is set 3.Indictment—Person is officially charged with the crime by grand jury 4.Arraignment—Person pleads guilty/not guilty

5.Trial – The prosecutor must prove the defendant “guilty beyond a reasonable doubt” 6.Verdict is announced by the petit jury – Acquittal—innocent – Guilty—person is sentenced, can appeal their case – Hung Jury—jury cannot come to consensus (reach a unanimous verdict); judge declares a mistrial

III. Punishment Roles of punishment – Rehabilitation—change criminals – Deterrence—keep others from doing it – Restitution—payback for victims Controversial Punishments: – 3 Strikes Laws – Parole—used to relieve overcrowding prisons – Plea bargain—used to relieve overloaded dockets

Juveniles and the Courts

I. Why Do Juveniles Commit Crimes? Juvenile delinquent: someone under age 18 who commits crimes Reasons: Bad home life, attention, peer pressure

Emphasis in the juvenile justice system is rehabilitation—Correct bad behaviors so they can become productive adults

II. The Juvenile Justice Process 1.Arrest 2.Preliminary Hearing 3.Trial –Juveniles DO NOT have the right to a jury trial 4.Sentencing

III. Special Privileges Granted to Juveniles Juveniles have same constitutional rights as adults –Ex. Right to remain silent, right to an attorney, right to provide and cross-examine witnesses –Established in In Re Gault (1967) Identities are kept secret—record may be sealed at age 18