Citizens and the Law Civics Ch. 15

Lesson 1: Sources and Types of Law

Lesson 1 Why do we have laws? Laws are a set of rules that help people get along They help to keep the peace and prevent criminal acts Laws establish which actions a society permits and which it does not.

Lesson 1 What makes a good law? Has to be fair A fair law gives equal treatment to all people who are in a similar situation Has to be reasonable Punishments should fit the crime Have to be understandable If laws are too complicated, people might break them unintentionally Have to be enforceable Need to be enforced by local communities, state authorities, or federal authorities Most people tend to obey laws they understand and believe to be reasonable and fair.

Lesson 1 Development of the Legal System Hammurabi’s Code Earliest example of a set of laws that were written down Israelite Law Followed a different set of written laws which forbade murder and theft Roman Law Came to be known as the Justinian Code Simplified Roman Law into an orderly body of rules Napoleonic Code Napoleon’s unified law code Louisiana wrote a set of laws based on this code English Common Law Most important influence on the American legal system English brought over the idea of individual rights

Lesson 1 Types of Laws Criminal Law These laws protect public safety Broken down into felonies and misdemeanors Murder, robbery, and other serious crimes fall into the felony category Vandalism or stealing low cost items are examples of misdemeanors Crimes against property are most common type of crime

Lesson 1 Types of Laws Civil Law Usually disputes between people or groups A civil case brought to court is a lawsuit Deals with money and not jail time

Lesson 1 Types of Laws Military Law Only applies to those serving in the U.S. military or civilians who work for the U.S. military Can get put into jail for disobeying or showing disrespect to your superior officers Could end up in a court-martial and dishonorable discharge

Lesson 1 Sources of Law: U.S. Constitution State Constitutions Statutes – law written by legislative branch Case law – law established by judicial decision Administrative agencies – Federal Aviation Administration; Federal Drug Administration; Center for Disease Control

Lesson 2: The American Legal System

Lesson 2 Basic Legal Rights Protection Against Unlawful Imprisonment Writ of habeas corpus Lets you go before a judge to justify your imprisonment Constitution prevents bills of attainder (punishes someone without a fair hearing or trial) and ex post facto laws (it was not against the law when the original crime was committed) Due Process – government cannot take our lives, liberty, or property without following legal procedure

Lesson 2 Rights of the Accused A person is believed to be innocent until proven guilty in a court of law 4th Amendment protects against “unreasonable search and seizure” Police need probable cause to get a search warrant Evidence that is gathered that violates the 4th Amendment cannot be used in a court of law

Lesson 2 Rights of the Accused 5th Amendment states that no person can be forced “to be a witness against himself” Guarantees due process Protects against self-incrimination Protects against double jeopardy Provides for grand juries in the case of federal crimes

Lesson 2 Rights of the Accused Sixth Amendment guarantees the right to counsel Guarantees the right to know the accusations Guarantees the right to a speedy public trial Guarantees the right to confront witnesses Guarantees the right to be tried by an impartial jury

Lesson 2 Rights of the Accused Eighth Amendment forbids cruel and unusual punishment Prohibits excessive bail

Lesson 2 Rights of the Accused 14th Amendment requires the states to treat all people equally under the law Guarantees due process