Sources of American Law Chap 15, Sec 1

Warm Up Free Write: – Answer the following questions to the best of your ability. – This is opinion based so there is no right or wrong answer. Use facts or concepts to help back up your thinking – Minimum of 4 sentences Why is understanding the law an important civic responsibility?

Early Law Systems Code of Hammurabi – Laws created by King Hammurabi of Babylon (k BC) – One of the earliest law codes in existence – 282 Legal Cases Draconian Law – Draco, Legislator of Athens in c. 7th century BC – Changed the prevailing Law System with a written Law Code enforced by a court Was extremely harsh with unforgiving laws and punishments 10 Commandments – Moses found in 13 th Century BC – Law of the Hebrews in Ancient Palestine – Large influence on American Laws

Early Law Systems Justinian Code – Rome originally had 12 Tablets of laws for the entire Empire – Emperor Justinian in 530 AD simplified all the laws into one code – Many countries today base their laws on this code Napoleonic Code – Emperor Napoleon Bonaparte updated the Justinian Code in 1804 – Still used in Louisiana, France, and Quebec - Canada today

American Legal System Principles Equal Justice Under the Law – Our Justice System is supposed to ensure that everyone is treated fairly under the law – Amendments 5-8 of the Constitution explain the specific rights you have under the law Due Process of Law – Substantive Due Process Certain Rights are given – Procedural Due Process The way law is administrated

American Legal System Principles Adversary System – Lawyers from opposing sides battle it out by presenting the strongest case legally possible to a jury or judge – Why do you think some people critizes this system? Presumption of Innocence – The prosecution must prove someone is guilty, not the defendant must prove they are innocent – “Burden of Proof” is on the prosecutor

Warm Up Under the Sub-section of Our Legal Heritage (p ), Define in 1 or 2 sentences the 5 Types of Laws described. 1.Constitutional Law 2.Statutory Law 3.Administrative Law 4.Common Law 5.Equity

American Legal Heritage Constitutional Law – Definition: “Applies to the branch of the law dealing with the formation, construction, and interpretation of Constitutions.” (p. 424) Usually laws dealing with the limits of Gov. power and the rights of individuals – State Courts make decisions about State Constitutions, but the Supreme Court always has the final word. – Cases can deal with both Civil and Criminal Law

American Legal Heritage Statutory Law – AKA Roman Law – Statue A law that usually covers rights and behaviors – Ordinance A statue passed by the local city council – Examples of a Statutory Law Laws: Speed Limits, Age Minimums for Work Permits, Food Inspection Requirements, etc. Right to: Get Social Security, Get a Drivers License, Check Your Credit Report, etc.

American Law Heritage Administrative Law – Laws which dictate what Government Agencies can or can not do – Deals with fairness and due process since most agencies are in charge of Government Benefits and sometimes peoples’ behavior

American Law Heritage Common Law aka Case Law – Based on the English Common Law – Created when Judges make a ruling on a case, this ruling creates a PRECEDENT meaning other Judges use this previous ruling when making their own rulings on cases Equity – Today is part of Common Law – Disputes or resloved based on fairness, and wrongs can be prevented before happening EX: issue an injunction to stop a your neighbor from building a fence on your property