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Legal System
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Evolution of Law in Western Society
Code of Hammurabi: 1st written form of law Magna Carta- Gave certain rights to every freeborn Englishman Ex: Right to trial by a jury
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What is Law? Law: system of rules created by our goverenment
Rule of Law: everyone is subject to the law Due Process of Law: everyone is treated equally under the law Laws are enforced in the courts
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Sources of Law Constitutional Statutory- Laws passed by Congress
Statutes Regulations- A rule a government agency makes to enforce the law Common law- Based off of customs and previous decisions
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Types of Law Civil Law- governs everyday relations between citizens (people) Criminal Law- concerns the prosecution and punishment of individuals for crimes Constitutional Law- consists of the Constitution itself and those federal laws that protect our rights under the Constitution Military Law- consists of the special laws and procedures that apply to the armed forces Juvenile Law- laws for individuals under the age of 18
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The Organization of the Florida Court System
From Lowest to Highest: County Courts: handle lesser crimes ( misdemeanors), small claims and civil cases less than $15,000; Trial Court FL Circuit Courts: more serious crimes ( felonies), civil cases more than $15,000, and family law matters FL District Courts of Appeal: Appellate Court; they review appeals from cases decided by the circuit courts. FL Supreme Court: Reviews cases from both Florida’s circuit courts and the District Courts of Appeal. Generally an Appellate court, but has original jurisdiction in some cases. Habeas Corpus
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The organization of the Federal Court System
From Lowest to Highest: U.S. District Court: Trial Court: Has the power to hear civil and criminal cases involving federal laws. Only Fed. Court to have a jury. U.S. Circuit Court of Appeals: Hears appeals from District Courts U.S. Supreme Court: Hears cases of those who are not satisfied with a decision of a U.S. Circuit Court of Appeal, or a state Supreme Court can petition the Supreme Court to hear a case. The Supreme Court has the power of Judicial Review. Habeas Corpus.
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The Trial Process 1.Jury Selection: Jurors must be unbiased. The juror's’ role is to listen to evidence and determine the facts of the case. 2.Opening Statements: The purpose of opening statements is to tell jurors something about the case they will be hearing. Plaintiff Defendant 3.Testimony/ Evidence: Each lawyer gets to question each witness. Then the defendant can present their case. Direct Examination Cross Examination Closing Arguments: each lawyer summarizes the evidence and tries to persuade the jury to believe their side
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Continued 4.Jury Instructions: The judge provides directions to the jury 5.Jury Deliberations: The jury deliberates and reaches a verdict. When a jury has reached a verdict, the jurors sign a form and notify the bailiff
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Landmark Cases Bush v. Gore- The Supreme Court ruled that the Florida Supreme Court’s recount order was unconstitutional U.S. v Nixon: Supreme Court limited executive privilege ( The president is subject to the rule of law) Miranda v Arizona: Supreme Court upheld the 5th Amendment protection from self-incrimination Plessy v Ferguson: “Separate but Equal” is constitutional and remains in effect until Brown v. Board of Education and the Civil Right Act 1964
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Cases Continued. Brown v. Board of Education: Segregation is not equal in public education; denies equal protection Gideon v. Wainwright: States must pay for public defenders Hazelwood v Kuhlmeier: does not protect all type of free speech in school. In re Gault: Juvenile Court must comply with the 14th amendment D.C. v. Heller: Supreme Court upheld that the 2nd amendment protects individual’s rights to own a firearm.
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