In your Interactive Notebook: Unit 3 - Lesson 1 U. S In your Interactive Notebook: Unit 3 - Lesson 1 U.S. Legal System: Core Legal Principles LESSON ESSENTIAL QUESTION: What basic values shape the American Legal system? ESSENTIAL Lesson VOCABULARY: Independent judiciary Habeas corpus Due process Exclusionary rule Double jeopardy Presumption of innocence Trial by jury Precedent & respect for it Penal code Criminal law Constitutional law Civil law Administrative law Warm Up (In google doc): What is the difference between a good law and a bad law? Give Examples.
Final Grades & Contracts 3rd Quarter ends Friday. Grade book CLOSES WEDNESDAY for any late work from Units 1 or 2. All work for Unit 3 (we start today) goes on the 4th quarter. Shout Outs: PERFECT ATTENDANCE: Jeaven, Keem, 2 or fewer absences: Daniel, Shammod, Josh Smith CURRENT GRADE BREAKDOWN A/B students are currently: Reggie, Juan, Jeaven, Jess, Kelsha, Christian, Brandon Several others have a shot at a B THE Only Fs belong to students with 4+ absences. BE HERE!!!!
Keys to Success: SWARM Strive for Excellence Work Collaboratively Arrive on Time Ready to Learn Maximize Opportunities Many of you will receive contracts. I expect study guide completion and tutoring attendance from everyone below a 78. WE CAN DO THIS
In your Interactive Notebook: Unit 3 - Lesson 1 U. S In your Interactive Notebook: Unit 3 - Lesson 1 U.S. Legal System: Core Legal Principles Lesson 1 Performance Task: Research a key principle in American law & create a skit / cartoon that demonstrates it. Class Website: www.mrggcivivcs.weebly.com DEADLINES & HOMEWORK: Unit 2 make ups & Test Corrections: By _WED 3/25 Performance Task Deadlines: Vocab Quizzes Lessons 1-3: Wednesday Lessons 4-5: Thursday Unit 3 Quiz / Test: Friday, March 20th
Who has to know the laws?
Everybody Not knowing a law is not an excuse for breaking it
Name some laws that are good
Name some laws that you don’t think make sense
Crazy Laws South Carolina: North Carolina: It is unlawful for a minor under the age of eighteen to play a pinball machine North Carolina: It is illegal to hold more than two sessions of bingo per week, and those sessions may not exceed 5 hours each session In Baltimore, It is illegal to take a lion to the movies Oklahoma: It Is Illegal To Have A sleeping Donkey In Your Bathtub After 7pm
Discussion Why do we have laws?
Discussion Why do you follow the law?
Discussion Are there laws are you willing to break? Why?
ROOTS OF AMERICAN LAW
Values Laws must reflect the values of the people in the society If they don’t, they won’t be followed
Influences on U.S. Laws Code of Hammurabi Roman Law The Torah / Bible Harsh punishment Protected the wealthy Roman Law The Torah / Bible 10 commandments English Common Law Magna Carta Right to Habeas corpus
Important Legal Principles Rule of law Independent judiciary Presumption of Innocence Due Process
Rule of Law We are a “nation of laws” In our nation, we are ruled by the law We are not ruled by rulers Government makes laws, but laws have to be in line with the Constitution
Rule of Law PRECEDENTS – court rulings that clarify the law and guide future court rulings EXAMPLES: Marbury v. Madison set a PRECEDENT that the supreme court has the power of judicial review Brown v. Board set a PRECEDENT for school integration Tinker v. Des Moines set a PRECEDENT that students have a right to express their political views at school, as long as they don’t disrupt class
An Independent Judiciary Judges serve until death or retirement If they had to get elected, they would pander to voters and might not always apply the law fairly If they had to get re-appointed, Presidents would just replace judges they disagree with
Presumption of Innocence If the government wants to put you in prison, it must prove you committed a crime It should not be easy to take away a person’s freedom
BURDEN OF PROOF Government must present evidence that proves to the jury that the accused is: guilty “beyond a reasonable doubt” Based on the evidence, any reasonable person would conclude that the accused did what they are accused of doing
“beyond a reasonable doubt” Jury must reach a unanimous decision – every juror agrees Jurors must be convinced that the defendant committed the crime If juror has a REAL doubt that the person did what they are accused of, they must vote to acquit Doubt must be reasonable, not imagined
Group Research & Presentations TOPICS/Groups Double Jeopardy Group 5 Presumption of innocence / burden of proof Groups 1 & 4 Habeas corpus Group 7 Trial by impartial jury Groups 8 & 9 Exclusionary rule Group 10 Independent judiciary Group 6 Precedent Groups 2 &3 TASK (Due today!): Research a key American legal principal 15 minutes MAXIMUM for research & planning Develop a short presentation that explains it to the class May be a skit, a song, or a political cartoon that you explain Present to the class (3 minutes or less!) See Rubric on Performance Task Handout
Civil, Administrative, & Constitutional Law
What kind of laws are there? Civil Administrative Criminal Constitutional
Administrative Law Laws that govern how businesses and industries must operate Minimum wage Health codes DMV regulations
Civil Disputes between two private parties When someone sues someone else
Civil Law Example Torts – law suits brought against a person who caused you an injury or other damage Medical or legal malpractice If the city sewer is not covered and you fall in and break a leg If the YMCA lets you swim during a lighting storm and you get electrocuted
Constitutional Law Involve interpretation of the constitution suits can be brought if your constitutional rights are violated
Constitution requires Due Process The government must use proper legal procedures before taking away a persons freedom or property Must have evidence of a crime before getting a warrant Must ensure that constitutional rights are provided to those accused of crimes 4th, 5th, 6th, 8th amendments Everyone has a right to use the legal system 7th amendment
Warrants & Probable Cause When police are ready to make an arrest, they get a judge to sign a warrant. Police must have a warrant to arrest a person UNLESS they have PROBABLE CAUSE Clear visual evidence that you did the crime Example: the cop saw johnny breaking into a car The cop saw Ricky trying to hide a laptop under his coat and walk out of the store
Due Process: Exclusionary Rule Government cannot use evidence if the evidence was obtained illegally illegal searches make evidence “inadmissable” That means it cannot be used in court
Due Process: Miranda Rights Miranda v. Arizona Supreme Court case Police have to inform people they arrest of their rights to: Remain silent (5th amendment) Have an attorney (6th amendment) Have an attorney you don’t have to pay for (6th amendment)
Criminal Law Laws to protect people and their property Prosecuted by the State or Federal government Violations can result in prison or fines
What is a Crime? An act that breaks a federal or state criminal law and causes harm to people or society in general Penal Code ~ Spells out the punishments that go with each of the crimes Textbook p. 368
Types of Felonies Crimes against People Violent or potentially violent crimes such as Murder, Manslaughter, Assault, Rape, and Kidnapping Crimes against Property Burglary, Robbery, Theft, Vandalism, and Fraud Textbook p. 370
Punishment for Felonies? Usually Prison Sometimes a fine
Misdemeanors Less serious than felonies Still a criminal violation EXAMPLEs Minor theft Disorderly conduct Public intoxication Some traffic offenses
Punishment for misdemeanors? Usually a fine Often community service
Why do they say the court system is “adversarial?”
Application! With a partner: Read each scenario and complete each prompt.
“Judicial Department in a Flash” Read and annotate the handout ON YOUR OWN: Do page 1 of the worksheet when done. Then continue to work on your study guide; you may work with a partner on this if you like
Quick Lecture – Federal Judiciary
Jurisdiction Original Jurisdiction Appellate Jurisdiction First court to hear a case Appellate Jurisdiction Court reviews the decision of a lower court
Original v. Apellate Jurisdiction District Courts ORIGINAL Jurisdiction First Federal court to hear a case (it might have already been to a state level court) Trier of facts – all evidence is considered in district courts Appeals Courts Appellate jurisdiction Only reviews cases already decided at district level Constitutional issues: Were the rights of the accused violated by police or the district court? Was the trial fair at the district level? Did the District court properly apply legal precedent?
State v. Federal Jurisdiction Most crimes Most civil cases Constitutional issues Federal law Disputes between states Dispute between citizens from different states Dispute about Federal treaties If the Federal government sues you
The State Courts Most cases are handled by State Courts and never reach the Federal Judiciary
The Federal Courts 3 Types of Federal Courts Supreme Court Federal courts of Appeals Federal District Court See reading for details
United States District Courts Trials in federal district court are usually heard by a judge. Jury trials can also happen in district court Federal Court Jurisdiction: Bank robbery Counterfeiting Mail fraud Kidnapping Civil rights abuses
Circuit Courts of Appeals The side that loses a case in district court may appeal to the federal court of appeals
Circuit Courts of Appeals three appeals court judges sit as a panel to hear cases. 2 of the 3 judges must agree No juries in the court of appeals
Courts of Appeals 3 possible outcomes in the Court of Appeals Uphold the District Court ruling District court was correct. Reverse the District Court ruling District court was wrong about some or all of its ruling Remand to the District Court “re” sends it to the District court with instructions to do it over.
The U.S. Supreme Court Appellate Jurisdiction Original Jurisdiction Cases already argued in the Federal appeals court Some cases appealed directly from district court Cases appealed from Supreme Court of a state if that cse involves Federal law or the constitution Original Jurisdiction Cases involving foreign diplomats Cases involving conflicts between two states
Crossword & Bingo Complete the Crossword Puzzle Create your bingo grid
The U.S. Judicial Branch Article III of the Constitution creates the Supreme Court Main job of courts is to decide what our laws mean Court’s main job is to protect the Constitution and make sure that our government never violates the constitution
Marbury v. Madison (1803) Judicial Review established The Court gets to decide whether the actions of the legislature or executive are constitutional
MARBURY V. MADISON = JUDICIAL REVIEW
Whole Class Activity How does the Supreme Court Decide Cases? Watch the intro clip as a whole class Follow edmodo link to load the game on your laptop. Select “no thanks” then continue Play the game; when done, send results to Nicholas.Grabergrace@dpsnc.net Complete the handout.
End of Class Quiz: Match the case to the amendment / legal issue Marbury v. Madison Tinker v. Des Moines Brown v. Board Gideon v. Wainwright New Jersey v. T.L.O. 14th Amendment / equal protection 1st amendment - free speech 6th amendment right to an attorney 4th amendment protection against unreasonable searches Judicial Review
Day 21 Quiz - continued