Chapter 15 Section 1 – The Source of our Law Section 2 – Types of Laws Section 3 – The American Legal System

Section 1 The Source of Our Laws Laws – Sets of rules that allow people to live peacefully in society. –Binding on everyone living in a particular community, state, nation. Functions of Laws – Allows people to deal with each other because they know what is allowed and what isn’t. Purpose of Laws –To keep the Peace and prevent Violent Acts. –Sets punishments as deterrents to crime. –Sets rules for resolving civil disputes.

Early Law Code Of Hammurabi –1760 B.C. –“Eye for an Eye” / Harsh Law Roman Law –450 B.C. –Justinian Law Code (533 A.D.) –Leads to Napoleonic Code English Law –Common Law –Precedents

Section 2 Types of Laws Criminal Law –Seek to prevent people from harming each other and each other’s property. Civil Law –Involves disputes btwn people or groups of people where no criminal laws were broken. Public Law (Constitutional Law) –Deals with Constitutional rights, or legislative rights violations. International Law –Involves treaties and agreements btwn nations

Criminal Law Plaintiff – Party that brings the charges. Defendant – Person or group being sued. 95% are state trials North Carolina v. Minnich Felonies –Serious crimes, examples? Misdemeanors –Less serious, examples?

Civil Law Lawsuit –Legal action when a person or group sues to collect damages. Mostly suing to recover monetary damages Tort (Civil Wrongs) –Claim another’s negligence caused your injury.

Civil Law (Cont.) Family Law –Divorce –Child Custody –Adoption –Alimony –Child Support –Spouse and Child Abuse

Public Law Occurs when your constitutional rights have been violated, such as no Miranda. Administrative Law –The rules and regulations gov’t agencies must follow. If the dept. oversteps its authority. Statutory Law –Written by Legislators (US and State)

International Law Made up of treaties, customs, and agreements among nations. –May involve military or diplomatic treaties Violations can be brought to the World Court –Located in the Hague (Netherlands) –No power to enforce rulings, both parties must accept.

Section 3 American System Legal Protections of the Constitution Rights of the Accused Our Legal Responsibilites

Legal Protections in the Constitution Stare Decisis –Let the decision stand –Courts base decision on laws and precedents. Article 1 of Constitution –Writ of Habeas Corpus Requires official to show cause for holding someone. Protection against being held in jail indefinitely. –No Bill of Attainder Punishes a person without a trial or fair hearing. –No Ex Post Facto Law

Protections (cont.) Bill of Rights (1 st 10 Amendments)

4 th Amendment Protections Protects against “unreasonable searches and seizures. Search Warrant Mapp v. Ohio –1961 case. –Evidence found by unwarranted search cannot be used in court.

5th Amendment Protections No Self-Incrimination – Miranda v. Arizona (1966) –“Plead the 5 th ” No Double Jeopardy – No second trial once found not guilty (for same crime) Grand Jury

6 th Amendment Protections Right to be defended by a lawyer. Gideon v. Wainwright –1963, S. Court ruled State must provide lawyer to all who can’t afford one. Right to a speedy and public trial. Right to a trial by jury Plea Bargains

8 th Amendment Protections Outlaws “cruel and unusual punishments” –Such as torture. –Also, punishment must be in proportion to crime. (Ex- no death penalty for speeding. Furman v. Georgia –1972 S. Court case. –Said Georgia’s death penalty was unconst. because it was unfair. *No excessive bail.