Chapter 15 Law in America

A. How has the Constitution shaped our nation? It established our country as a representative democracy. It outlines the structure of our government. It sets forth the basic rights of U.S. citizens.

B. Constitutional Law What is it? It is the branch of law dealing with the formation, construction, and interpretation of constitutions. What it does? Decides the limits of the government’s power and the rights of the individual. What cases it involves? Either civil or criminal law

C. Statutory Law A statute is a law written by a legislative branch of government. They can be written by the U.S. Congress, state legislatures, and local legislative bodies. Ordinances are statutes passed by city councils. Posted speed limit signs are examples of statutory law. A statutory law is any law that the legislature establishes as a statute, which means it is formally written and enacted.

D. Common Law Common law is also called case law because it is the law made by judges in the process of resolving individual cases. Common law began in 11c. England. If a judge hears a case that is similar to a case that has already decided then the judges follow the earlier ruling, called a precedent. Stare decisis- let the decision stand.

E. Legal System Principles Equal Justice Under the Law- the American court system seeks to treat all people equally. Due process- comes from the 5th amendment. It ensures that the government must follow proper procedures relating to trials and many types of actions against individuals.

3. The Adversary System- American courts operate in an way that lawyers from opposing sides work to present their strongest cases. 4. Presumption of Innocence- while not mentioned in the Constitution this idea comes from our English legal heritage. The burden of proof against a defendant falls on the prosecution.

F. What is Civil Law? Civil law concerns disputes between two or more individuals or between individuals and the government. About 90% of cases heard in state courts concern civil laws.

G. Types of Civil Law Contract law- a contract is a set of voluntary promises, enforceable by the law between parties who agree to do or not to do something. Property law- deals with use and ownership of property. Family law- deals with relationships among families. Marriage, divorce, parent-child.

4. Torts or Civil Wrongs- a tort is a wrongful act, for which the injured party can sue for damages in the civil court. Two types of torts Intentional tort- involves a deliberate act that results in harm to a person or property. Negligence- tort involving careless or reckless behavior. Negligence is when a person fails to do something that a reasonable person would have done.

H. Civil Cases Civil cases are called lawsuits. Plaintiff- the person bringing the charges (complaint) in a lawsuit. Defendant- the person against whom the suit is brought

I. Steps in a Civil Case Hiring a lawyer Filing the complaint Pretrial discovery Resolution without trial- mediation Trial The Award

J. Criminal Law Criminal cases are where the government charges an individual with a crime and serves as the prosecution. Most crimes fall under state jurisdiction.

K. Types of Crime Petty offenses- minor crimes, i.e.- illegal parking, minor trespassing, speeding, littering, etc. Misdemeanors- more serious crimes, i.e- simple assault, vandalism, stealing small items, etc. Can be fined and usually sentenced to jail for one year or less. Felonies- serious crimes, i.e.- burglary, kidnapping, arson, rape, fraud, forgery, manslaughter, murder. Punishable by 1 or more years in prison

L. Steps in Criminal Cases Judge issues an arrest warrant; suspect is arrested and brought before a judge within 24 hours. Grand jury indicts the accused; or judge conducts a preliminary hearing. Judge reads the charge and hears plea. Judge or jury hears evidence. Judge or jury decides. Punishment determined. Defendant can appeal a guilty verdict.