Presentation on theme: "What are the above pictures? Despite being thousands of years old, both are still important to us today. Why do you think that is? What is the difference."— Presentation transcript:
What are the above pictures? Despite being thousands of years old, both are still important to us today. Why do you think that is? What is the difference between a moral law and a legal law?
The Law and the Individual Unit VII Sources of Our Laws
What are laws? Set of rules that help people live together
What should laws do? Major purpose is to keep the peace and prevent violent acts Provide rules for resolving disagreements between groups or individuals
What makes a good law? Fairness – all people treated equally Reasonable – punishment fits the crime Understandable – laws are not to complicated for people to be able to follow Enforceable – laws can be monitored and carried out by communities, state or federal authorities
Where do our laws come from? Based on ideas, customs, and laws passed down from generations
History of Law Code of Hammurabi First known written legal system Around 2000 BCE Harsh penalties based on principle of “an eye for an eye”
The Ten Commandments Found in the Hebrew Bible Around 1200 BCE
The Ten Commandments
Roman Law Written by the Roman Senate and Judges – representatives of the citizens Justinian Code – Around 600 CE Byzantine Emperor Justinian organized Roman law which influenced Catholic Church Napoleonic Code
English Common Law Established by Court Decisions rather than legal code Based on precedents – previous decisions that are examples to follow Makes the law consistent and fair
Burden of Proof In any court case, the burden of proof is on the prosecution. i.e. Prosecution must prove beyond any doubt that the defendant is guilty of their crime
Criminal Law Cases in which the state or federal government charges someone with a crime
Misdemeanors A relatively minor offense Examples – minor vandalism, stealing inexpensive items
Felonies A serious crime Examples: murder, rape, kidnapping, robbery
Civil Law When a person or group takes a legal action against another person or group
Lawsuit When a person or group sues to collect damages
Types of Laws Constitutional Law – deals with the formation, construction and interpretation of the Constitution Highest law in the country
Administrative Law Rules and regulations that the Executive Branch makes to carry out its job.
Statutory Law Statute – written law by a legislature Regulate behavior Source of rights and benefits
Identify Each of the Following as A) Statutory Law B) Constitutional Law C) Administrative Law The US Postal Service increases the price of a stamp to 60 cents The right to get your drivers license when you turn 16 The right to remain silent when accused of a crime C A B
Warm-Up What were the 4 influences on American law?
Steps to a civil case 1. Plaintiffs attorney files a complaint 2. Court sends a summons to defendant 3. Defendant’s attorney files a written answer 4. Attorneys for both sides exchange plea documents 5. Attorneys argue case in court 6. Court gives verdict
Steps to a Criminal Case 1. Arrest
Preliminary Hearing Suspect appears before judge and bail is setbail
Indictment Grand Jury (or judge) hears evidence and formally charges
Arraignment Defendant pleads not guilty and trial date is set Defendant pleads guilty and accepts plea bargain – conviction of lesser charge for softer sentence
Trial Prosecution and Defense present case Jury (or judge) reaches verdict
Acquittal Defendant found not guilty
Sentencing Defendant found guilty and judge sentences (punishes)
Two Options Create a comic strip that illustrates the steps to a criminal case and a civil case OR Write your own episode of Law & Order (or any police show you have watched). Include all the steps of either a criminal or a civil case in you narrative. DETAIL IS IMPORTANT.
Conclusion Why do most people voluntarily comply (follow along) with the law?
How are Juvenile cases handled in NC? Juvenile – in most states anyone under the age of 18 Juvenile Delinquent – young people who commit crimes Purpose of the Juvenile Court System = Rehabilitate
Two Types of Cases Neglect Juveniles whose caregivers neglect or abuse them Delinquency Cases involving juveniles who commit crimes
Differences between juveniles and adult justice? No juries only a judge Closed to the public Identities are kept secret Not fingerprinted Not photographed If juvenile completes probation then charges are dropped and removed from record
Other Court Officials Clerk of Superior Court Records wills and handles foreclosures (selling some ones property to pay debts) Magistrates Issues search and arrest warrants, issues arraignments (charges) District Attorney Represents state in all criminal cases