1. “Government of law, not men.” Adams
Sources of our laws
“Government of law, not men.” Adams

2. The American Legal System
U.S. legal protections are in the U.S. Constitution
“The Basic Law of the Land”

3. Functions of laws Bring order
Enable people to settle disputes peacefully
Protect our rights against abuse by others, organizations, government
Promote the welfare of society
Keep peace
Prevent violence

4. Characteristics of a good law
They are:
Fair
Reasonable
Understandable
Enforceable

5. Where did our law come from?
Unwritten law: prehistory
Hammurabi’s code
Ten commandments
Roman law
Jurisprudence: study of law
Justinian code => Napoleonic Code
English law
Common law: unwritten law
Precedents
Statutes: law written by legislature Great Britain

6. Early Law Codes Timeline
Directions: Using the Civics Textbook, Describe the following law code with at least 2 sentences.
1760 BC  Code of Hammurabi
BC  Ten Commandments
450 BC 1st Roman Law Code
533 AD Justinian Code
1066 AD English Common Law
1788 AD United States Constitution
1790's AD Napoleonic Code

7. Five different types of laws

8. Types of laws Criminal law Civil law Constitutional law
Prosecution v defense
Felonies v misdemeanors
Civil law
Plaintiff v defendant
Lawsuits
Suits of equity: no law fits
Torts
Constitutional law
International law
Administrative law
Statutory law

9. Types of Laws
Criminal Law-seek to prevent people from deliberately or recklessly harming each other or each other’s property
Civil Law- disputes between people or groups of people (individuals, or organizations, or governments) in which no criminal law has been broken.
Tort Law-person may suffer an injury & claim that another party is responsible because of negligence
Family Law- family issues & problems (divorce, adoption, abuse)

10. Types of Laws
Public Law or Constitutional Law- rights guaranteed under the Constitution or spelled out in congressional legislation. Highest laws in the United States.
Administrative Law-rules & regulations that gov’t agencies of the executive branch must issue to carry out their jobs.

11. Types of Law
Statutory Law-statutes regulate our behavior (setting speed limits, minimum age to work, return merchandise to a store)
International Law- treaties, customs, & agreements among nations.

12. Branch Laws Legislative: Statutory law Executive: Administrative law
Law made by legislature
Executive: Administrative law
Executive orders
Judicial: Precedent
Stare Decisis: let the decision stand

13. Constitutional Rights
Article 1:
Writ of Habeas Corpus
Written legal order-requires an official who has arrested someone to bring them to court and explain why they are being held.
Forbids Bill of Attainder
A law that punishes a person accused of a crime without a trial or a fair hearing in court.
Forbids Ex Post Facto Laws
A law that would allow a person to be punished for an action that was not against the law when it was committed.

14. Constitutional Rights
Bill of Rights: rights to all
First:
Freedom of RAPPS
Second:
Right to bear arms
Third:
Housing of soldiers

15. Constitutional Rights
Bill of Rights: rights to all
Seventh
Right to civil cases (trial by jury in civil cases over $20)
Ninth
Rights retained by the people
Tenth
Powers retained by the States and the people.

16. Constitutional Rights
Fourth
Search and Seizure
Fifth – due process
Rights of the accused (self-incrimination, double jeopardy, indict
Sixth
Rights to a fair trial
Eighth
Cruel and Unusual Punishment
Fourteenth
Citizenship and due process –slaves

17. Types of Laws: Activity
Read the following and decide if it is criminal, civil, constitutional, & administrative law by writing the word.

18. 1.
An armed robber holds up an ABC store.

19. 2.
A store owner burns his store to collect insurance money.

20. 3.
A group want to stop a KKK or BLACK PANTHER parade.

21. 4.
A child runs away from home.

22. 5.
A couple wants an amicable divorce.

23. 6.
A writer breaks his contract with a publishing company.

24. 7.
A man kill another man over money.

25. 8.
A teenager is killed in a gang fight.

26. 9.
A woman breaks her leg on a neighbor’s snow-covered walkway.

27. 10.
The Mayor of Fairmont wants to put up a nativity scene at Town Hall.

28. 11.
The Dept of Agriculture wants to raise the amount of Food Stamps.

29. 12.
The FDA (Food and Drug Administration) finds that a new drug has a potentially dangerous side effect and pull it off the market.

30. 13.
A child is hurt when a crib collapses while the child is asleep.

31. March 26, 1979 Israel-Egypt Peace Agreement Signed
3. What law code was based on the Justinian Code?
The Napoleonic Code
The U.S. Constitution
The Twelve Tablets
Shariah Law
4. What was so important about the Napoleonic Code?
A) Was based on the U.S. Constitution
B) Made France the most powerful country
C) It was made by a man about the same height as Mr. Farly
D) Gave a unified system of law to most of Europe
What was the first law code ever written called?
The Code of the Judges
The Code of Hammurabi
The Ten Commandments
The Twelve Tablets
2. What was the first Roman Law Code called?
The Napoleonic Code
The Justinian Code

32. No crime has taken place but there is a dispute between two people
Civil Law Chapter 16.1
Civil Cases
No crime has taken place but there is a dispute between two people

33. Types of Civil Cases In civil cases
The plaintiff claims to have lost something
The plaintiff is seeking damages
Plaintiff always brings cases in civil courts

34. Civil Court Plaintiff: party that brings compliant
Defendant: party being sued for damages
The courts job: provide a place to resolve the difference b/w plaintiff and defendant.

35. Two Levels of Court Small claims court: Larger civil courts:
Few 1000 dollars or less
Act as your own lawyer in these courts
Larger civil courts:
Lawsuits w/ more $ involved
Lawyers and judges

36. The American Judicial System hears many kinds of civil cases
Property disputes
Breach of contract
Family matters
Cases of negligence
Personal injury cases
Suits of equity - (injunction)
Tort cases

37. What are the Steps to a Civil Case?
Plaintiff decides to sue (Person being sued is the Defendant).
The plaintiff hires an attorney (lawyer). The attorney then files a complaint (a formal statement that names the parties and describes the nature of the lawsuit).

38. Suit may be dropped or settled out of court!
The Steps Continued
3. Court summons the defendant ordering him/her to appear on a certain date. 4. A pretrial conference is called by the judge. The two sides clarify or list their disagreements. 5. Case goes to trial!
Suit may be dropped or settled out of court!
Two parties could resolve the case through mediation or arbitration!
-OR-

39. Case Proceedings
Case is heard by a jury of six to twelve people or a judge.
Plaintiff presents their side first and then the defendant presents.
Plaintiff must prove their case with “a preponderance of evidence” or “burden of proof.” (enough evidence to persuade the judge or jury that the defendant is responsible for the damages.)

40. The Verdict!
Judge or jury decides the verdict or decision in favor of either the plaintiff or the defendant
If the plaintiff wins a remedy is set!
If the defendant wins the plaintiff receives nothing and must pay court costs!
Plaintiff may appeal to a higher court if dissatisfied with the verdict!

41. Appeals
You can appeal a civil case.
To a higher court

42. Types of Conflict Resolution!
1. Mediation – conflict resolution in which a third party guides the arguing parties to a solution.
2. Arbitration – conflict resolution in which a third party makes the decision for the arguing parties based on evidence given in a formal setting.
3. Negotiation – form of conflict resolution in which one party may or may not use a third to bargain for terms that benefit one or both parties.
4. Compromise – form of conflict resolution where the two parties give up certain demands in order to accomplish a mutual goal.
5. Collaboration – conflict resolution process that requires different groups to bring expertise in various areas for a mutual goal.
6. Debate – in which two parties take sides of an issue and argue using evidence in order to persuade their opponents.
7. Consensus – this is when a general agreement is made by all parties after careful consideration of the opinions of all members in the group.

43. CRIME AND CRIMINAL COURT
MUST BREAK THE LAW TO END UP HERE

44. TYPES OF CRIMES: CRIMES AGAINST PERSONS: CRIMES AGAINST PROPERTY:
MURDER, RAPE, ASSALT, KIDNAPPING
CRIMES AGAINST PROPERTY:
LARCENY, BURGLARY, VANDALISM, FRAUD & ARSON
VICTIMLESS CRIMES
DRUGS USE, PROSTITUTION, UNAUTHORIZED CRIME

45. DEGREES OF SERIOUSNESS
1ST DEGREE MURDER
2ND DEGREE MURDER
MANSLAUGHTER
1ST DEGREE RAPE
2ND DEGREE RAPE
3RD DEGREE RAPE
STATUTORY RAPE

46. Criminal Cases
Crimes are defined in each state’s written criminal laws, called the penal code.
The penal code also spells out the punishment for each classification of crimes.
Two main groups of crime: Misdemeanor & Felony

47. Crimes can then be divided into:
a. crimes against property (larceny, vandalism, fraud)
b. crimes against people (murder, assault, rape )
c. victimless crimes ( use of illegal drugs, prostitution)
Punishment for convicted criminals can range from fines to death.

48. Criminal Case Procedure
1. Arrest: rights read, booked & charged with crime, attorney contacted
2. Preliminary Hearing: Charges read before judge, either jail, bail, or released
3. Indictment: A grand jury or a judge hears evidence & formally charges the suspect with the crime

49. Criminal Case Procedure
4. Arraignment: Defendant pleads not guilty & trail date set
5. Defendant pleads guilty & accepts a plea bargain
6. Trial: Prosecution and defense present cases to jury or judge. Jury or judge reach a verdict

50. Criminal Case Procedure
7. Acquittal: Defendant found not guilty & goes free Or
Sentencing: Defendant found guilty. Judge sentences defendant

51. PUNISHMENT FOR CRIMES PUNISHMENTS INCLUDE: FINES IMPRISONMENT
PROBATION
HOUSE ARREST
COMMUNITY SERVICE

52. FOUR FUNCTIONS FOR CRIMINAL PUNISHMENT
PROVIDES PUNISHMENT IN WHICH A CRIMINAL IS MADE TO PAY FOR AN OFFENSE
KEEPS DANGEROUS PEOPLE OFF THE STREETS
KEEPS OTHERS FROM COMMITTING THE SAME CRIME
PLAY A ROLE IN PREPARING LAWBREAKERS TO REENTER SOCIETY (REHABILITATION)

53. SENTENCING
･A determinate sentence is the same as a fixed sentence: It is for a fixed period of time.
･An indeterminate sentence, rather than stating a fixed period of time for imprisonment, instead declares that the period shall be "not more than" or "not less than" a certain prescribed duration of time. The authority to render indeterminate sentences is usually granted by statute in several states.

54. SENTENCING
･A life sentence represents the disposition of a serious criminal case, in which the convicted person spends the remainder of his or her life in prison.
･A mandatory sentence is created by state statute and represents the rendering of a punishment for which a judge has/had no room for discretion. Generally it means that the sentence may not be suspended and that no probation may be imposed, leaving the judge with no alternative but the "mandated" sentence.

55. CONSTITUTION AND CRIMINAL LAW
8TH AMENDMENT:
JUDGE DECIDES BAIL
CAPITAL PUNISHMENT CASES
FURMAN V GEORGIA
GREGG V GEORGIA

56. WHAT HAPPENS IN A CRIMINAL CASE?
ARREST:
HEARING/INDICTMENT
TRIAL
VERDICT
SENTENCING PHASE

57. Activity
Read following to students: You are on the parole board in your state. There has been a great rise in the crime rate, and as a result, a large number of criminals have been convicted and sentenced to long terms. The prison is already overcrowded, and you must make selections on whom to parole to make room for the most recent list of criminals. You are to pick eight of the following:
A rehabilitated sex offender convicted for crimes against children
An arsonist convicted for setting four fires to public buildings now “cured” after serving eight months of a three-year sentence
A banker convicted of embezzling 50 million dollars from a bank.
An ex-college student and heroin addict serving time for pushing hard drugs to juveniles.
Civil rights lawyer convicted for contempt of court
A Vietnam serviceman convicted of desertion in the face of the enemy.
A powerful former politician convicted of selling highly classified information to foreign governments.
A “Godfather” convicted for tax evasion
A newspaper reporter convicted of refusing to identify his news sources in a delicate case involving three members of the President’s Cabinet
A medical student drop-out convicted of several counts of abortion
Female liberationist prostitute who strongly believes in freedom of choice in occupation

58. CHAPTER 16.3: JUVENILE JUSTICE
JUVENILE DELIQUENT:
DEFINED BY EACH STATE

59. Juvenile’s Juvenile is someone considered underage (16-18 years old)
Goal of Juvenile Court System is to rehabilitate

60. HISTORY BEFORE 1800S JUVENILES WERE TREATED LIKE ADULTS
TRIED AS AN ADULT
SENTENCED AS AN ADULT
IN PRISON WITH ADULTS

61. HISTORY SET UP THE PRESENT DAY JUVNILE SYSTEM IN THE 1800S
SOME CHANGES HAVE OCCURRED OVER THE YEARS

62. CAUSES FOR DELIQUENCY ***NOT ABSOLUTE*** POVERTY ABUSE NEGLECT
EMOTIONAL SUFFERING
MENTAL PROBLEMS
LIVING IN SLUM AREAS
LIVING IN DRUG INFESTED AREAS

63. STAGES IN JUVENILE JUSTICE SYSTEM
HANDLE BY JUVENILE JUSTICE SYSTEM
PRIMARY GOAL OF THIS SYSTEM IS TO REHABILITATE THE CHILD
HOW AND WHEN DO JUVENILE CASES BEGIN?
WHEN POLICE ARREST (3/4 OF CASES)
PETITIONS TO COURT FROM OTHERS

64. PROCEDURES IN JUVENILE COURT
ARRESTED OR PETITIONED
NOTIFY PARENTS
SENT HOME OR KEPT IN DETENTION CENTER
TRIAL

65. Juvenile Court
Juvenile Court handles 2 types of cases: neglect & delinquency.
Neglect cases involve juveniles who are neglected or abused by their caregivers. The court can remove the juvenile from that home & place them in foster homes
Delinquency Cases deal with youths who have broken the law

66. Juvenile Delinquency Cases
Juvenile Arrest: caregiver notified, released to parents or sent to juvenile detention center, & court date set
Juvenile Court: private courtroom, no jury trial, attorneys may be used. More like a hearing than a trial.
Juvenile Punishments: lecture, reformatory school, foster care, institutional placement, probation, community service

67. Juvenile Protections Identity is secret & private
Usually receive lighter punishments
Juvenile records are sealed at age 18

68. PROTECTION TO JUVENILES
WHO IS AT THE TRIAL?
WHAT IS DONE TO PROTECT THE JUVENILE? A. B. C.

69. DIFFERENCE BETWEEN JUVENILE AND ADULT COURT SYSTEM
PROTECTION OF IDENTITY
JUDGE HEARS CASE
NO JURY
DISPOSITION OF CASE
CLEAR RECORD AT 18 YRS OF AGE