Download Law - Leon County Schools

“Our Legal System - Citizenship
and the Law”
Part 1
Source of Laws

Laws can come from several different
sources. In America, law can come from:
– Historical Law Codes
– “Statutory” Law
– “Case” Law
– “Common” Law
– Constitutional Law
Sources of Laws
Historical Law Codes

Historical Law Codes
– Code of Hammurabi (1772
B.C.E.) – written code of
rules from ancient
Babylon, each crime was
given a specific
punishment depending on
one’s social position.
Sources of Laws
Historical Law Codes
– Magna Carta (1215 C.E.) –
government document that
limited the power of the
King of England. Some of
the rights in this document
appear in the U.S.
Constitution and Bill of
Rights.
Sources of Laws
“Statutory” Law

“Statutory” Law – laws from
statutes
– Any law that is passed by a legislative
body is called a statute, or statutory
law.
– Congress, state legislatures and local
government all pass these kinds of laws.
– Example: The law that says all buildings
have to have fire exits is a statute.
Sources of Laws
“Case” Law

“Case” Law – based on Supreme
Court decisions
– A source of law based on the decisions and
outcomes of cases heard by the Supreme
Court
– Gideon v. Wainwright (1963) was a
landmark Supreme Court case that
established the case law and precedent that all
people will be provided an attorney even if
they cannot afford them according to how the
Supreme Court interpreted the 6th
Amendment.
Sources of Laws
“Common” Law

“Common” Law –
based on tradition
– law that is based on
precedent (ruling on
earlier cases) on
customs (tradition)
Sources of Laws
“Constitional” Law
 Constitutional
Law - The US
Constitution also
gives us law.
Types of Laws

There are several different types of law that
affect Americans directly today that help
maintain a peaceful and orderly society
– Military Law
– Constitutional Law
– Criminal Law
– Civil Law
– Juvenile Law
Types of Law
“Military” Law

Military Law governs the behavior of the
men and women that serve in the US
Armed Forces.
– This law is supported by the Uniform Code of
Military Justice and addresses laws related to
desertion, treason, crimes of war, treatment of
prisoners, and the military trial process.
Types of Law
Constitutional Law

Based on the Constitution
 Is the basis for much of
what becomes “case” law
Types of Law
Criminal Law

Criminal laws are laws that
seek to prevent people from
deliberately or recklessly
harming a person or
someone’s property.
 A crime is an act that
breaks the law and for
which there is a
punishment.
Our Court System
American courts operate
on an adversary system
of justice, meaning the
courtroom serves as an
“arena” in which
lawyers for opposing
sides try to present their
strongest case.
“Criminal” Cases
In these types of cases,
the government always
acts as the “plaintiff”
(the person bringing the
charges) and the person
being charged is the
“defendant”.
i.e. State of Florida v
Joe Smith
“Criminal” Law
Two types of Crimes
are:
– “Felonies”
– “Misdemeanors”
Felony Crimes

Felonies are the most serious crimes with
the most serious consequences
 Examples are murder, rape, kidnapping,
robbery, etc.
Misdemeanor Crimes

Misdemeanors are less serious and often
do not have very serious consequences
 Examples are vandalism, theft, traffic
violations, etc.
Process of a Criminal Trial

Once an arrest has been
made by law
enforcement, the suspect
will be informed of
his/her rights
– This is a result of the 1966
Supreme Court case
Miranda v Arizona
Process of a Criminal Trial
Suspects then appear
before the court in a
hearing to “hear” the
charges against them
and listen to the judge’s
decision on the next
step.
Process of a Criminal Trial

At an arraignment, suspects formally hear the
charges and are asked to enter a “plea.”
Process of a Criminal Trial

Possible pleas are:
– “guilty”,
– “not guilty”, or
– “nolo contendre”
 means “I do not wish to
contend “or “no
contest”
 Defendant does not
dispute the charge.
Process of a Criminal Trial
During a criminal trial,
there are four steps:
1. Opening Statements
2. Testimony of Witnesses
3. Closing Statements
4. Verdict (Outcome)
Step #1: Opening Statements

Both sides (prosecution
and defense) will give
their opening statement
which tells the judge
and the jury their side of
the
Step #2: Testimony of Witnesses

Each side will then
call witnesses to give
testimony (or answers
given under oath) in
the case.
 These witnesses will
also be crossexamined by the other
side.
Step #3: Closing Statements
Once all of the witnesses
have been questioned
and crossed, the
prosecution and defense
will offer their closing
statements and ask the
jury to rule in favor of
their side.
Step #4: Verdict
 After
the closing
statements have been
given, The jury will be sent
to deliberate, or discuss
the evidence presented.
 Once they reach a
unanimous decision they
will announce the verdict,
or the outcome of the case.
Criminal Process
Defendants are either
found
guilty
are acquitted - found
“not guilty”
*the judge can also
declare a hung jury (or
unable to make
unanimous decision) the
trial will be ruled a
“mistrial”.
Criminal Penalties


If the defendant is found guilty, the judge will
sentence them (assign their penalty)
Criminal penalties are designed to either:
– Provide punishment so the criminal pays for the
crime against a victim or society
– Remove prisoners so they are not a threat to
society
– Deter criminals from committing repeated
crimes
– Rehabilitate criminals so they can reenter
society and become productive members
Part 2
Types of Law
Civil Law
 Civil
laws are disputes
between people or
groups of people in
which no criminal
laws have been broken.
Types of Law
Civil Law

When a civil case goes to
court, it is called a
lawsuit, which is a legal
action in which a person or
group sues to collect
damages for some harm
that is done and seeks
damages (an award of
money).
Types of Law
Civil Law
 The
plaintiff is the
individual or group
that files the
lawsuit and the
defendant is the
individual or group
that is being sued.
Types of Law

Civil Law
Cases begin when a complaint
is filed (a formal statement
naming those involved and
describing the nature of the
lawsuit).
 Once filed, a summons, or a
document telling the defendant
that there is a lawsuit against
them and orders the defendant
to appear in court, is sent by the
court.
Types of Law
Civil Law

A defendant may respond
to the suit in a pleading
(complaint and answer
together)
 Discovery is the name of
the process in which
lawyers for the plaintiff
and defendant check facts
and gather evidence for
the case.
Types of Law

Civil Law Rulings
In an equity lawsuit, issues
are resolved by a judge based
on the grounds of fairness.
– Judges often issue an injunction,
or a court order commanding a
person or group to stop a certain
action.
– Judges can also issue a summary
judgment, or when a judge
applies a judgment against one
party without a full trial if there is
a motion to do so.
Types of Law
Juvenile Law

Citizens under a certain age
are considered juveniles (18
in most states).
– These citizens who commit
crimes against society are
considered to be juvenile
delinquents, or criminals not
old enough to be processed
through the adult court system.
– Laws that apply to juveniles are
called juvenile laws.
Types of Law
Juvenile Law

While most crimes
committed by
juveniles are classified
as misdemeanors,
some more serious
felonies are
committed by
juveniles as well.
Types of Law
Juvenile Law

The primary goal of the
juvenile court is to
rehabilitate the juvenile (or
correct their behavior) rather
than to punish.
 Juvenile courts handle two
types of cases:
– neglect (neglected or abused
by their caregiver)
– delinquency (juveniles who
commit crimes)
Types of Law
Juvenile Law

Most police
departments have
officers who try and
divert, or steer, the
juvenile away from
the court system
Types of Law
Juvenile Law

The rights of juveniles
were established in the
1967 “In re Gault”
Supreme Court case
– Juveniles have all rights
related to due process right of counsel, right to
remain silent, right to
confront witnesses
against them, etc.
Types of Law
Juvenile Law

While court trials for
juveniles are similar to
adults, the major
difference is that they
do NOT have the right
to a jury trial.
Types of Law
Juvenile Law

Unlike adult trials, the
identity of juveniles is
kept secret and the
criminal records of
these juveniles can be
erased when they
reach adulthood.
Legal Protections in
the U.S. Constitution

The United States
Constitution provides equal
protection for people who
have been accused of a
crime or are being sued in a
lawsuit. This means that we
must treat every person the
same.
Legal Protections in
the U.S. Constitution

This comes from the principle
of rule of law which prevents
an abuse of government
power and provides for
accountability to the law.
(No one is above the law)
 This is the basis for our legal
system.
Legal Protections in
the U.S. Constitution

All people are guaranteed:
– A public trial in a TRIAL
COURT.
– The idea that they are
considered innocent until
proven guilty
– The right to ask for an
appeal of their case if the
courts have made a mistake
Legal Protections in the
U.S. Constitution

The Constitution protects
certain basic legal rights
of Americans:
– “writ of habeas corpus” -
a court order that
requires police to bring a
prisoner to court to
explain why they are
holding the person.
Legal Protections in the
U.S. Constitution
– “bill of attainder” - are
laws that punish a
person accused of a
crime without a trial
or a fair hearing in
court.
Legal Protections in the
U.S. Constitution
– “ex post facto law” - are
laws that allow a person
to be punished for an
action that was “not
against the law” when it
was committed.
Legal Protections in the
U.S. Constitution
– “due process” - the
legal procedures
established when
dealing with the
accused.
Amendment Protection

Several of the amendments
of the Constitution help
protect the rights of the
“accused”:
“Fourth Amendment”

Fourth Amendment: no
unreasonable searches
and seizures
– search warrant: signed by
a judge specifying the
exact place to be searched
and what objects may be
seized.
“Fifth Amendment”

Fifth Amendment:
protects the rights of the
accused.
– “double jeopardy”:
accused of the same crime
more than once.
– “grand jury”: where a
group of citizens determine
if there is enough evidence
to continue to trial.
“Sixth Amendment”

Sixth Amendment:
protects the rights
of the accused by
granting legal
counsel.
“Eighth Amendment”

Eighth Amendment:
protects the rights of the
accused by forbidding
“cruel and unusual
punishments” or
“excessive bail”
– bail: a sum of money paid
to court to win release
while waiting for their
trial.