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3. Section 1-Main Idea Guide to Reading Big Idea Throughout history, civilizations have developed systems of laws to meet their needs.

4. Section 1 Functions of laws: –Define what is and is not permissible –Set punishments meant to discourage potential criminals –Administration of justice through law enforcement agencies and courts –Establish rules for settling disagreements over non-criminal matters Functions of Laws (cont.)

5. Section 1 Characteristics of good laws: –Fair to everyone –Reasonable punishments –Understandable by the public –Enforceable by community, state, or federal authorities Functions of Laws (cont.)

6. Section 1 History of Law (cont.) The laws of early societies influence legal systems today. Earliest laws –Unwritten ideas, traditions, and customs probably served as a kind of law for early societies –Passed orally from generation to generation

7. Section 1 Early systems of written law: –Code of Hammurabi compiled by King of Babylonia, 1760 B.C. –Ten Commandments of Hebrew Bible –First code of Roman law published, 450 B.C. History of Law (cont.) Development of Legal Systems

8. Section 1 Imperial expansion spreads Roman law through Europe, Africa, and Asia. Code of Justinian, A.D. 533: History of Law (cont.) –Basis for law in Byzantine Empire –Becomes part of canon laws of Roman Catholic Church –Updated by Napoleon in Napoleonic Code

9. Section 1 English system of common law:common law –Most important source of American law –Begins to take shape after Norman Conquest of England –Law based on precedents established by court decisions rather than a legal codeprecedents History of Law (cont.)

10. Section 1 –English common law incorporates Roman and canon law –Basic principles of individual rights evolve –Statutes come to dominate system, common law still significantStatutes –Brought to North America in 1600s and 1700s by English settlers History of Law (cont.)

11. Section 1 Do you agree that legal systems based on common law are fairer than systems based on a legal code? A.Agree B.Disagree A.A B.B

12. Section 2 Criminal and Civil Law Criminal laws help maintain a peaceful and orderly society, while civil laws involve disputes between people or groups.

13. Section 2 Criminal and Civil Law (cont.) Two types of law directly affect Americans—criminal law and civil law.

14. Section 2 Criminal law: –To prevent people from deliberately or recklessly harming one another or one another’s property –Government always the plaintiffplaintiff –Accused individual or groups are defendants defendants Criminal and Civil Law (cont.)

15. Section 2 –Based on idea that society is a victim when a crime is committed –95 percent of U.S. criminal trials are for violations of state laws. –Titling of cases: state v. defendant Criminal and Civil Law (cont.)

16. Section 2 It is an adversary system: –Lawyers for opposing sides present their strongest case –Judge has impartial role –System has critics and defenders Criminal and Civil Law (cont.)

17. Section 2 Classification of crimes: –Felonies are more serious crimes, such as murder.Felonies –Misdemeanors are minor infractions, such as vandalism.Misdemeanors Criminal and Civil Law (cont.)

18. Section 2 Crimes against property most common: –Property is destroyed, such as arson or vandalism –Property is taken against owner’s will, such as larceny, robbery, burglarylarcenyrobberyburglary Criminal and Civil Law (cont.)

19. Section 2 Civil Law: –Disputes between people or groups –No criminal laws have been broken –Not viewed as threat to society –When a civil case goes to court, it is called a lawsuit.lawsuit –In lawsuits, the plaintiff sues to collect damages for some harm done by the defendant Criminal and Civil Law (cont.)

20. Section 2 Civil cases might involve: –Contracts –TortsTorts –Family law Criminal and Civil Law (cont.)

21. Section 2 Champions of legal rights: –John Peter Zenger (libel and freedom of the press)libel –Ida Wells-Barnett (civil rights) Criminal and Civil Law (cont.)

22. Section 2 Other Types of Law Laws protect your rights and enforce rules and statutes.

23. Section 2 Other Types of Law (cont.) The laws that govern our lives and protect our rights come from many sources Constitutional law –Cases that concern the limits of government power and the rights of the individual –Comes from U.S. Constitution

24. Section 2 Other sources: –State constitutions –Administrative agencies –Lawmaking bodies Other Types of Law (cont.)

25. Section 2 Administrative law: –Rules and regulations made by executive branch and its agencies Other Types of Law (cont.) Statutory law: –Statutes, or laws written by a legislative branch of government

26. Section 3 Protections in the U.S. Constitution (cont.) Americans have both basic legal rights and responsibilities. Separation of powers in U.S. Constitution: –Legislative branch makes law –Executive branch enforces law –Judicial branch interprets law

27. Section 3 Basis of judicial branch interpretation: –Written laws –Judicial precedents –Stare decisis: “let the decision stand”Stare decisis Protections in the U.S. Constitution (cont.)

28. Section 3 Sources of Americans’ basic legal rights: –Article I of the U.S. Constitution –Constitutional Amendments Protections in the U.S. Constitution (cont.) Constitutional Rights of the Accused

29. Section 3 Article I: –Provides for writ of habeas corpuswrit of habeas corpus –Forbids bills of attainder and ex post facto lawsbills of attainder ex post facto laws Protections in the U.S. Constitution (cont.)

30. Section 3 Constitutional Amendments: –Bill of Rights –Requirement of equal protection in 14th Amendment –Due process of law mandated in 5th and 14th AmendmentsDue process of law Protections in the U.S. Constitution (cont.)

31. Section 3 Guaranteed Rights of Those Accused The U.S. Constitution includes several protections for Americans accused of a crime.

32. Section 3 Guaranteed Rights of Those Accused (cont.) The U.S. Constitution includes rights that protect citizens accused of crimes. Accused are presumed innocent until proven guilty in a court of law.

33. Section 3 Fourth Amendment: –Protects citizens against “unreasonable searches and seizures” –Gives Americans right to be secure in their homes and property –Requires search warrants and probable causesearch warrants –Mapp v. Ohio and the “exclusionary rule” Guaranteed Rights of Those Accused (cont.)

34. Vocab1 common law a system of law based on precedent and customs

35. Vocab2 precedent a ruling that is used as the basis for a judicial decision in a later, similar case

36. Vocab3 statute a law written by a legislative branch

37. Vocab4 potential capable of being or becoming

38. Vocab5 resolve to find a solution or reach a decision

39. Vocab6 tradition a way of thinking or acting that is long established

40. Vocab7 plaintiff a person or party filing a lawsuit

41. Vocab8 defendant an individual or group being sued or charged with a crime

42. Vocab9 felony a serious crime such as murder, rape, kidnapping, or robbery

43. Vocab10 misdemeanor a relatively minor offense such as vandalism or stealing inexpensive items

44. Vocab11 larceny the unlawful taking away of another person’s property with the intent never to return it

45. Vocab12 robbery the taking of property from a person’s possession by using force or threats

46. Vocab13 burglary unlawful entry into any dwelling or structure

47. Vocab14 lawsuit a legal action in which a person or group sues to collect damages for some harm that is done

48. Vocab15 torts wrongful acts for which an injured party has the right to sue

49. Vocab16 libel written untruths that are harmful to someone’s reputation

50. Vocab17 constitutional law branch of law dealing with formation, construction, and interpretation of constitutions

51. Vocab18 prohibition an order forbidding something

52. Vocab19 recover to regain or reclaim

53. Vocab20 stare decisis the practice of using earlier judicial rulings as a basis for deciding cases

54. Vocab21 writ of habeas corpus a court order that requires police to bring a prisoner to court to explain why they are holding the person

55. Vocab22 bill of attainder a law that punishes a person accused of a crime without a trial or a fair hearing in court

56. Vocab23 ex post facto law a law that would allow a person to be punished for an action that was not against the law when it was committed

57. Vocab24 due process of law procedures established by law and guaranteed by the Constitution

58. Vocab25 search warrant a court order allowing law enforcement officers to search a suspect’s home or business and take specific items as evidence

59. Vocab26 double jeopardy putting someone on trial for a crime of which he or she was previously acquitted

60. Vocab27 grand jury a group of citizens that decides whether there is sufficient evidence to accuse someone of a crime

61. Vocab28 plea bargaining negotiation between the defense attorney and the prosecutor

62. Vocab29 bail a sum of money used as a security deposit to ensure that an accused person returns for his or her trial

63. Vocab30 interpret to explain or translate

64. Vocab31 factor an element contributing to a result

65. Vocab32 presume to assume or suppose to be true

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