The Sources of Our Laws Goal 6.01

The Law Framers knew that laws were necessary, especially John Adams Laws: system of rules that allow people to live peacefully in society Binding on everyone

Legal Code vs. Moral Code Defined by the government in the penal code Values, beliefs, religious Internal knowledge of right and wrong Influences legal code

So why do we have law?

Functions of the Law Keep peace Prevent violent acts Set punishments to deter criminal acts Administer justice Set up guidelines for resolving civil disputes Must be fair, equal treatment, reasonable

History of Laws

Code of Hammurabi First known system of written law Compiled by King Hammurabi of Babylonia in 1760 B.C. 282 laws regulating behavior Harsh Punishments

Code of Hammurabi If any one ensnare another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death. If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death. If any one steal the minor son of another, he shall be put to death. If any one break a hole into a house (break in to steal), he shall be put to death before that hole and be buried.

Code of Hammurabi If any one is committing a robbery and is caught, then he shall be put to death. If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, and . . . on whose ground and territory and in whose domain it was compensate him for the goods stolen. If fire break out in a house, and some one who comes to put it out cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire.

Ten Commandments Followed by the Hebrews Involved Moral Codes Influence our laws today

Roman Law Jurisprudence is the study of law First laws were written in 450 B.C. Penalties were harsh Code of Justinian Napoleon Influences Louisiana Law

English Law Influences American law the most Common Law: Law based on court decisions rather than a legal code Followed precedent or earlier ruling in a similar case Included trial by jury Innocent until proven guilty

English Law continued Settlers brought these ideas of government with them to the New World so our legal system is much like English Law

Types of Law

Civil Law Regulates non criminal behavior Involves disputes between people Involves a plaintiff and a defendant Torts: civil wrongs, deals with negligence Family Law: divorce, child custody, adoption, alimony, etc.

Criminal Law Seek to prevent people from deliberately or recklessly harming each other or property Adversary System: Court room is like an arena for lawyers to fight their opponents and the judge is impartial (referee/ umpire) Government is always the plaintiff Crimes are ranked as felonies or misdemeanors

Public Law Administrative Law: includes rules and regulations that government agencies of the executive branch must issue to carry out their job Misconduct of the EPA FCC Regulations of over the air broadcasts Constitutional Law: Concerns alleged violations of constitutional rights Victims of unreasonable searches for example

Public Law continued Statutory Law: laws written by the legislative branch (Congress) Regulate our behavior Speed limits, minimum wage, work permits

International Law Violations are brought to the International Court of Justice (the World Court) Does not have enforcement powers, must rely on the willingness of the parties to accept the rulings Comprised of Treaties, customs, and agreements among nations Military and diplomatic treaties, trade regulations

Article I of the Constitution Writ of habeas corpus: requires an official who has arrested someone to bring that person to court and explain why he/she is being held Bill of Attainder: a law that punishes a person accused of a crime without a trial or a fair hearing in court Ex post facto law: law that would allow a person to be punished for an action that was not against the law when it was committed

Due Process Government may not take our lives, liberty, or property except according to the proper exercise of the law Guaranteed by the 5th and 14th Amendments

Treason The only crime defined by the Constitution Can be convicted of treason if you wage war against the U.S., join its enemies, or give aid and comfort to the enemy Must have proof Government cannot misuse the law by punishing those questioning the government

Schenck vs. The United States 1919, during WWI Schench was arrested for circulating pamphlets urging people to avoid the draft, said it was like slavery Said his 1st amendment rights had been violated, but the court ruled against him saying that the country can pass limitations of the freedom of speech during war times if it “presents a clear and present danger”