U.S. Court System Mr. Webster’s Class

Rule of Law - Vocabulary ex post facto law – a law that makes an act a crime after the crime has been committed habeas corpus – the principle that keeps the government from holding a citizen indefinitely without showing cause independent judiciary – the principle that the judicial branch cannot be pressured by the other branches of government public interest – the general good of the public writ – law law – a set of rules established by a government to regulate people‘s conduct rule of law – the concept that the law should be applied equally to everyone, and that no one is above (or beneath) the law

Rule of Law Clips Frost / Nixon Virginia Rule of Law Video

Types of Law - Vocabulary case law – laws established by the outcome of former cases civil law – laws involving disputes between people or groups criminal law – laws that deal with crimes and punishment associated with those crimes common law – legal precedence based on customs and prior legal decisions; used in civil cases juvenile law – law that deals with the actions and well-being of minors military law – laws that apply to those serving in the armed forces of the U.S. statutes – laws created by a legislative body

History of Law - Hammurabi The Code of Hammurabi is the earliest example of written law in history. Hammurabi ruled over the Babylonian Empire. Around 1760 B.C., his legal decisions were collected and carved into a large stone pillar. The Code of Hammurabi included laws relating to family, marriage, adoption, slavery, and business practices. Clip

History of Law The Israelites were another ancient people who followed a set of written laws. These laws forbade acts such as murder and theft. The most important laws that developed in the Western world came from ancient Rome. The first code of Roman law was published in 450 B.C. In 1804, Napoleon carried out a major reform of France’s laws. His unified law code became known as the Napoleonic Code.

History of Law – English Common Law The most important influence on the American legal system is English law. The English system of common law is a system based on court decisions rather than legal code. This system involves analyzing how a previous judge applied a law and then applying it in the same manner.

Criminal Law vs. Civil Law There are two main types of laws: criminal and civil. Criminal laws are laws that make certain actions a crime. Civil laws deal with disputes between people, groups, or businesses. Clip

Criminal Law Criminal laws are laws that make certain actions a crime. Crimes fall into two categories: felonies (serious crimes) and misdemeanors (less serious crimes). Felonies include murder, robbery, and other serious crimes, and they have serious consequences. Misdemeanors include lesser offenses, such as vandalism or petty theft.

Civil Law Civil laws involve disputes between people, groups, or businesses. An example would be a broken contract. A civil case brought before a court is called a lawsuit. This is a legal action to seek a remedy for harm that has been done. People who think they have been wronged take action by filing a lawsuit.

Sources of Law Laws that govern our lives and protect our rights come from many sources. They include: U.S. Constitution State constitutions Statutes Case law Common law Administrative agencies (regulations)

Rights of the Accused The 4 th Amendment protects citizens against unreasonable searches and seizures. The 5 th Amendment states that no person can be forced “to be a witness against himself.” As a result, individuals have the right to remain silent when being arrested or tried for a crime. The 5 th Amendment also protects the accused from double jeopardy, or being tried for the same crime twice. The 6 th Amendment grants the accused the right to be defended by a lawyer, and the right to a fair and speedy trial. The 8 th Amendment forbids “cruel and unusual punishments.” A punishment must be proportionate to the crime committed.

The Court System - Vocabulary appeal – a request made after a trial asking a higher court to decide whether that trial was conducted properly appellate court – any court that has the power to hear appeals from lower courts civil case – a case involving the rights of citizens court reporter – a court officer who records everything that is said during a trial criminal case – a case involving someone who is accused of committing an illegal activity cross-examination – the follow-up questioning of a witness by the side that did not call the witness to the stand defendant – the person who answers the legal action of a plaintiff/prosecutor judge – a public official authorized to decide questions brought before a court

The Court System – Vocabulary Cont. jurisdiction – the right and power for courts to interpret and apply the law juror – a member of a jury jury – a group of citizens sworn to give a true verdict according to the evidence present in a court of law plaintiff – the person in a civil case who brings legal action against another person prosecution – the government, which starts the legal proceedings against someone accused of committing a crime verdict – a judgment

Types of Civil Law Contract Law involves agreements that have been made between two or more parties. Property Law involves rules that must be followed in buying and selling land or a building. Family Law involves matters such as birth, adoption, marriage, divorce, and death. Personal Injury involve wrongful actions that cause injury to another person or damage to their property.

Criminal Case Procedure Arrest Preliminary Hearing Indictment (being charged with a crime) Arraignment (coming before a court to answer an indictment) Plea Trial Acquittal or Sentencing

Steps in a Trial 1.Jury Selection 2.Opening Statements 3.Testimony of Witnesses & Evidence 4.Closing Arguments 5.Jury Instructions 6.Deliberation 7.Verdict Clip

Landmark Supreme Court Cases Brown v. Board of Education determined that “separate but equal” segregation was not equal in public education. District of Columbia v. Heller upheld that the Second Amendment protects an individual’s right to possess a firearm. Gideon v. Wainwright upheld that the Sixth Amendment right that all defendants must be appointed a lawyer even if they cannot afford one Hazelwood v. Kuhlmeier determined that the First Amendment does not protect all types of student speech in school. Marbury v. Madison established the concept of judicial review.

Landmark Supreme Court Cases Cont. Miranda v. Arizona upheld the Fifth Amendment protection from self- incrimination. In re Gault determined that juvenile courts must comply with the Fourteenth Amendment. Plessy v. Ferguson determined that “separate but equal” segregation was not discrimination. Tinker v. Des Moines upheld students’ First Amendment right to engage in symbolic speech in school. United States v. Nixon limited executive privilege. Watergate ClipWatergate Clip Bush v. Gore determined that states cannot violate the Equal Protection Clause under the Fourteenth Amendment when undertaking election recounts.

Landmark Supreme Court Case Assignment For this assignment, you are to research a landmark Supreme Court case that has been provided to you. You must then work with your partner to create a description and illustration to present to the class. Your finished product must mention the following: which parties were involved, when it took place, the major events and causes that led up to the case, the outcome of the case, and the legal precedent that it set. This assignment is worth 20 points. The description is worth 10 points, and I will be looking for accuracy of content and writing style. The illustration is also worth 10 points, and I will be looking for creativity and significance to the topic.

Research Assignment – worth 50 points Research Paper – worth 30 points Paragraph One - 5 points Paragraph Two – 5 points Paragraph Three – 5 points Accuracy of Content – 10 points Followed Instructions – 5 points Presentation – worth 20 points Accuracy of Content – 10 points Creativity / Effort – 5 points Followed Instructions – 5 points