The American Legal System Chapter 15 & 16 1

Purpose of Laws To keep society in order To provide penalties for disorder To settle disagreements To provide deterrence to disorder 2

History of Law Code of Hammurabi King Hammurabi of Babylonia 282 laws regulating behavior Oldest written code of law that applied to everyone– 1760 BC Very harsh rules & punishments Religious Code Ten Commandments, Islamic Law Draconian Laws – Ancient Greek law that had extreme punishments for small crimes Justinian Code Simplified Roman Code of law – based on jurisprudence (theory of law) English Common Law Primary source of our laws Based on precedent Statutes – acts of parliament 3

Types of Laws Public or Constitutional Involves Constitutional questions Supreme Court Administrative Law Involves laws passed by government agencies Tax law Example – Federal Trade Commission has regulations to protect consumers from harmful products Statutory Law Laws passed by legislatures 4

Types of Laws Civil Criminal Involve disputes A fine or amount is paid as the result Criminal Violations of law Jail sentences are the result Misdemeanors Felonies 5

Civil Cases One person files a lawsuit against another Plaintiff – Person/party filing a lawsuit Defendant - individual/group being sued or charged with a crime Suit of Equity – special case when there are no existing laws or cases Judges decide not juries (usually) Judge may issue an injunction -a court order commanding a stop to an action Most are settled out of court Magistrate Judge less than $5,000, District Court less than $10,000, Superior Court more than $10,000 6

Criminal Cases Prosecution & Defendant Burden of Proof - is on the prosecution Prosecution – party who starts the legal proceedings against another party for a violation of the law. Must prove guilt beyond a reasonable doubt Not a single doubt can exist Innocent until proven guilty! 7

Civil Case Procedures Bringing the Suit Plaintiff files Summons Sent to Defendant - Defendant’s Response Pleadings – a defendant’s response to the complaint by admitting fault or denying charges Discovery – each side gathers facts & evidence Pretrial Discussions – decide if case should go to court or be settled Trial – both sides present their case Verdict –decision of the judge or jury - if plaintiff wins the judge sets a remedy - fine paid by defendant if found guilty in civil case Appeal – both sides have the right to appeal a decision 8

Criminal Case Procedures Suspect is arrested – Must be read their Miranda rights Preliminary Hearing – judge reads charges & sets bail Indictment – grand jury decides on evidence Arraignment – defendant enters a plea & trial date is set A plea bargain can be made at this time defendant agrees to plead guilty to a lesser crime Used to convict someone else Discovery – both sides gather evidence Jury is selected Trial 9

Trial Prosecution makes an opening statement first Defense then makes their opening statement Prosecution calls witnesses for testimony – statement a witness makes under oath Defense can cross-examine – question a witness at trial or hearing to check or discredit testimony Prosecution rests Defense calls witnesses for testimony Prosecution can cross-examine Defense rests Both sides make closing statements 10

Trial cont. 8. Jury Decision – Verdict Jury first deliberates – jurors review evidence and legal arguments Must decide guilt beyond a reasonable doubt Acquittal – jury decides not guilty & defendant is released – can’t be retried for the same crime Guilty – date is set for sentencing Hung Jury – jury can’t decide – this is a mistrial and can be retried 9. Appeal - If the defendant is found guilty, the defense may appeal the verdict to a higher court 11

Penalties for breaking the law 4 functions of penalties Punishment Protect society Make examples (deterrence) Rehabilitation State Penal Code – state’s written criminal laws. Crimes are defined. Punishments for each crime spelled out Indeterminate Sentence – judge sets a minimum & maximum sentence Determinate Sentence – judge sets a specific sentence Mandatory Sentence – judge sets a sentence in accordance with state law 12