Warm-Up (45L) 1. What are laws?

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Presentation transcript:

Warm-Up (45L) 1. What are laws? 2. What are the characteristics of good laws? 3. Imagine you are starting your own society. List the 5 laws you would base your society upon.

History of Law Subtitle

What is Law? John Adams- “In the United States, we will have a government of laws, not of men.” Law: set of rules that allow peaceful living in a society

What is the Purpose of Laws? Keep peace Prevent violent acts Set punishments Set rules for resolving disagreements

What Makes a Good Law? Reasonable Fair Understandable Apply equally to all

Historical Development of Law Hammurabi’s Code (1760 BC): First written set of laws (why is this impt?) Ten Commandments (1446 BC): Moral & religious principles Many principles used today

Roman Law Jurisprudence=study of law Roman judges studied/interpreted laws of Rome Code of Justinian (533 AD): streamlines existing Roman laws, writes them down in single document

English Law Common law: law based on court decisions (precedent) rather than written legal code Magna Carta (1215): 1st Eng. doc to limit power of king Trial by jury Innocent until guilty Lots of amendment #5!

What do Hammurabi’s Code and the Code of Justinian say What do Hammurabi’s Code and the Code of Justinian say? How are they similar (and/or different) to laws today?

Types of Law

Six Major Types of Law…. Civil Criminal Public (Constitutional) Administrative Statutory International

Civil Law Disputes btwn ppl where no criminal laws were broken Incl. family law (divorce, child custody, adoption, child abuse, etc.) Examples!

Lawsuit When civil case goes to court Person sues to collect damages ($$$) for some harm done Plaintiff: individual who files the lawsuit Usually filed when contracts broken

Torts Civil wrongs Person may suffer injury & claim another person is responsible Examples!

Criminal Law Why? Seek to prevent ppl from deliberately (on purpose) or recklessly (carelessly) harming each other or each others’ property Adversarial system of justice: 2-sided structure; lawyers from opp. sides present best case in courtroom w/ impartial judge

In a Criminal Trial… Prosecution: always gov’t (crimes hurt society) Defendant: person/grp being accused Title of trials: gov’t comes first in 1st naming State of North Carolina v. Casey Holmes Texas v. Johnson

Types of Crime Felony: serious crime; punish: 1+ yr prison (/death) Misdemeanor: less serious; punish: fine/ <1 yr jail Murder Rape Robbery Arson Kidnapping Vandalism Petty larceny Shoplifting Trespassing Simple assault Larceny  Burglary  Robbery

Other Types of Law Public (Constitutional) Law Rights in Constitution Limit gov’t powers Statutory Law Statute= written law Speed limit, drivers license, social security, returning merchandise, etc. Administrative Law Rules, regulations that gov’t agencies must issue to carry out jobs (FDA, EPA, etc) International law Treaties, customs, agreements btwn nations The Hague

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