2. LAWS PURPOSE, TYPES, PROCEDURES

3. SELECT A TOPIC TOPIC 1- PRECEDENTS TO OUR LAWSTOPIC 1 TOPIC 2-TYPES OF LAWSTOPIC 2 TOPIC 3-CRIMINAL PROCEDURESTOPIC 3 TOPIC 4-CIVIL PROCEDURESTOPIC 4 TOPIC 5-FOUNDATIONS OF AMERICAN JUSTICE SYSTEMTOPIC 5

4. PRECEDENTS TO OUR LAWS 1 2 3 4 5 RETURN

5. TYPES OF LAWS 1 2 3 4 5 RETURN

6. CRIMINAL PROCEDURES 1 2 3 4 5 RETURN

7. CIVIL PROCEDURES 1 2 3 4 5 RETURN

8. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM 1 2 3 4 5 RETURN

9. PRECEDENTS TO OUR LAWS–QUESTION 1 The fact that our laws are written limits the power of the government. What was the precedent for written codes of law? ANSWER RETURN

10. PRECEDENTS TO OUR LAWS–ANSWER 1 The Code of Hammurabi was the first written code of law. –Not fair necessarily, but at least written so individuals could know the law. RETURN

11. PRECEDENTS TO OUR LAWS–QUESTION 2 The fact that in the American Legal System one is innocent until proven guilty is a precedent from which previous codes of law? ANSWER RETURN

12. PRECEDENTS TO OUR LAWS–ANSWER 2 Roman law provides us with innocent until proven guilty In U.S. courts of law, one only has to prove reasonable doubt that they are not guilty to avoid punishment. The prosecution must prove guilt. RETURN

13. PRECEDENTS TO OUR LAWS–QUESTION 3 The idea that there is a contract between a ruler and his constituents exists in our Declaration of Independence through the social contract theory. What acted as a precedent for this with the existence of a covenant between a god and his people? ANSWER RETURN

14. PRECEDENTS TO OUR LAWS–ANSWER 3 The Ten Commandments. Also important that the laws start talking about ethical treatment of one another not just rules protecting the government. RETURN

15. PRECEDENTS TO OUR LAWS –QUESTION 4 Limited government is a fundamental principle of our Constitution. The government can’t do anything it wants. What precedent set the idea of a ruler needing his people’s consent to rule? ANSWER RETURN

16. PRECEDENTS TO OUR LAWS –ANSWER 4 Magna Carta King John must get approval from the nobles to raise taxes. This is part of English Law which is our greatest source since we were part of the English empire prior to becoming the U.S. RETURN

17. PRECEDENTS TO OUR LAWS –QUESTION 5 Today we use this form of law to settle many civil disputes. This form of law uses previous court decisions, precedents, to resolve current disputes. What form is this? ANSWER RETURN

18. PRECEDENTS TO OUR LAWS –ANSWER 5 Common law. Based on precedents Originates from English law. Also known as Judge Made laws. RETURN

19. TYPES OF LAWS–QUESTION 1 Linda Brown was not permitted to attend the local school because she was an African- American. Which type of law would be applied to resolve this issue? ANSWER RETURN

20. TYPES OF LAWS–ANSWER 1 Constitutional law This pertains to the formation, construction, and interpretation of the Constitution. Example of cases dealing with Constitutional law –Brown v. Topeka –Gideon v. Wainwright RETURN

21. TYPES OF LAWS–QUESTION 2 The Federal Aviation Administration issued a new regulation prohibiting the use of cell phones during take off and landing. ANSWER RETURN

22. TYPES OF LAWS–ANSWER 2 Administrative law. Rules/laws made by the executive branch and in particular the executive agencies. FAA, FCC, EEOC, OSHA for example. RETURN

23. TYPES OF LAWS–QUESTION 3 Johnny sues Billy for breach of contract when Billy did not finish repairing his roof. ANSWER RETURN

24. TYPES OF LAWS–ANSWER 3 Civil Law Deals with settling disputes between groups, people, and/or the government No criminal law broken. Examples: negligence, breach of contract, divorce, RETURN

25. TYPES OF LAWS–QUESTION 4 The member nations of the United Nations agree to eliminate all tariffs for a year. ANSWER RETURN

26. TYPES OF LAWS–ANSWER 4 International Law Dealings with or between other countries Treaties, executive agreements RETURN

27. TYPES OF LAWS–QUESTION 5 Bob was arrested and tried for stealing another person’s car. ANSWER RETURN

28. TYPES OF LAWS–ANSWER 5 Criminal Law Two types of Crimes –Crimes against people –Crimes against property Two levels of Crime –Felony: more serious crimes; examples: murder, assault –Misdemeanors: less serious crimes; examples: littering, parking tickets RETURN

29. CRIMINAL PROCEDURES– QUESTION 1 Place the following steps of a criminal case in order from beginning to end. ANSWER RETURN SentencingArraignment TrialGrand jury indictment VerdictPreliminary hearing Arrest

30. CRIMINAL PROCEDURES– ANSWER 1 1.Arrest 2.Preliminary hearing 3.Grand jury indictment 4.Arraignment 5.Trial 6.Verdict 7.Sentencing RETURN

31. CRIMINAL PROCEDURES– QUESTION 2 What determines whether there is enough evidence for a case to go to trial? ANSWER RETURN

32. CRIMINAL PROCEDURES– ANSWER 2 The Grand Jury 16-23 members Concern is whether there is enough evidence. Doesn’t decide guilt or innocence Protects the falsely accused RETURN

33. CRIMINAL PROCEDURES– QUESTION 3 How many members are on a petit jury and what is its function? ANSWER RETURN

34. CRIMINAL PROCEDURES– ANSWER 3 12 members that decides whether the accused is guilty or innocent Must be unanimous decision If can’t agree may have a hung jury requiring a new trial RETURN

35. CRIMINAL PROCEDURES– QUESTION 4 What is it called when the prosecution and defense negotiate to get the defendant to plead guilty to a lesser crime? What benefit is there to the state in accepting a plea bargain? ANSWER RETURN

36. CRIMINAL PROCEDURES– ANSWER 4 Plea bargain Benefits to the state(prosecution in a criminal state) –Guaranteed conviction; no chances with trial –Less taxpayer money in the courts –Lessens the burden on the court system since we have so many cases awaiting adjudication. RETURN

37. CRIMINAL PROCEDURES– QUESTION 5 Each state has a written guideline of punishments for crimes. What is this called? In addition, what are the two types of sentences that may be handed down if a defendant is found guilty? ANSWER RETURN

38. CRIMINAL PROCEDURES– ANSWER 5 Penal Code Two types of sentences –Mandatory; required sentences-no judge input –Indeterminate; unspecified and more judge input based on previous record, behavior,etc. RETURN

39. CIVIL PROCEDURES – QUESTION 1 What are the two types of civil cases? ANSWER RETURN

40. CIVIL PROCEDURES– ANSWER 1 Lawsuits –Disputes between two groups or people –Breach of contract, negligence, etc Suits of Equity –Looking for a court order or decision of fairness for the public at large RETURN

41. CIVIL PROCEDURES – QUESTION 2 In a suit of equity, what might a judge issue, which is an order to stop an action? ANSWER RETURN

42. CIVIL PROCEDURES– ANSWER 2 Injunction RETURN

43. CIVIL PROCEDURES – QUESTION 3 What happens to most civil cases(how are they eventually resolved)? ANSWER RETURN

44. CIVIL PROCEDURES– ANSWER 3 Most civil court cases are settled out of court. This usually occurs during the pleadings phase of the proceedings in which both sides discuss the important issues prior to a trial. RETURN

45. CIVIL PROCEDURES – QUESTION 4 What are the two sides in a lawsuit? ANSWER RETURN

46. CIVIL PROCEDURES– ANSWER 4 Defendant- person being sued Plaintiff- person making the complaint or doing the suing. RETURN

47. CIVIL PROCEDURES – QUESTION 5 Two types of civil cases would be? ANSWER RETURN

48. CIVIL PROCEDURES– ANSWER 5 Negligence and personal injury. RETURN

49. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM–QUESTION 1 When one is arrested in America, he/she must be brought before a judge and told why they are being held. What is this basic legal right referred to as? ANSWER RETURN

50. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM –ANSWER 1 Writ of Habeas Corpus RETURN

51. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM–QUESTION 2 The government must follow certain procedures to ensure fair treatment of individuals before taking their life, liberty, or property. What do we call what must be followed prior to the taking of those natural rights? ANSWER RETURN

52. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM –ANSWER 2 Due Process of Law There may be different due processes of law for adults and juveniles but the processes established must be followed RETURN

53. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM–QUESTION 3 Each citizen charged with a felony crime in America is given the right to an attorney. What court case upheld this right? What are some of the other characteristics of the trial that must be upheld? ANSWER RETURN

54. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM –ANSWER 3 Gideon v. Wainwright Other characteristics –Right to a trial by an impartial, unbiased jury. –Right to face and question your accusers –Right to see the evidence against you. RETURN

55. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM–QUESTION 4 If you did something prior to it being illegal, you cannot be tried for committing a crime. What type of law would that be? ANSWER RETURN

56. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM –ANSWER 4 Ex post facto law These are not legal in America RETURN

57. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM–QUESTION 5 In America one cannot be punished without first having a trial. What term refers to this fact? ANSWER RETURN

58. FOUNDATIONS OF AMERICAN JUSTICE SYSTEM –ANSWER 5 Bill of attainder RETURN