The Law and the Individual Unit VII Sources of Our Laws

What are laws? Set of rules that help people live together

What should laws do? Major purpose is to keep the peace and prevent violent acts Provide rules for resolving disagreements between groups or individuals

What makes a good law? Fairness – all people treated equally Reasonable – punishment fits the crime Understandable – laws are not to complicated for people to be able to follow Enforceable – laws can be monitored and carried out by communities, state or federal authorities

Where do our laws come from? Based on ideas, customs, and laws passed down from generations

History of Law Code of Hammurabi First known written legal system Around 2000 BCE Harsh penalties based on principle of “an eye for an eye”

The Ten Commandments Found in the Hebrew Bible Around 1200 BCE

The Ten Commandments

Roman Law Written by the Roman Senate and Judges – representatives of the citizens Justinian Code – Around 600 AD Byznatine Emperor Justinian organized Roman law which influenced Catholic Church Napoleonic Code

English Common Law Established by Court Decisions rather than legal code Based on precedents – previous decisions that are examples to follow Makes the law consistent and fair

Criminal Law Cases in which the state or federal government charges someone with a crime

Misdemeanors A relatively minor offense Examples – minor vandalism, stealing inexpensive items

Felonies A serious crime Examples: murder, rape, kidnapping, robbery

Civil Law When a person or group takes a legal action against another person or group

Lawsuit When a person or group sues to collect damages

Types of Laws Constitutional Law – deals with the formation, construction and interpretation of the Constitution Highest law in the country

Administrative Law Rules and regulations that the Executive Branch makes to carry out its job.

Statutory Law Statute – written law by a legislature Regulate behavior Source of rights and benefits

Identify Each of the Following as A) Statutory Law B) Constitutional Law C) Administrative Law The US Postal Service increases the price of a stamp to 60 cents The right to get your drivers license when you turn 16 The right to remain silent when accused of a crime

Steps to a civil case Plaintiffs attorney files a complaint Court sends a summons to defendant Defendant’s attorney files a written answer Attorneys for both sides exchange plea documents Attorneys argue case in court Court gives verdict

Steps to a Criminal Case Arrest

Preliminary Hearing Suspect appears before judge and bail is set

Indictment Grand Jury (or judge) hears evidence and formally charges

Arraignment Defendant pleads not guilty and trial date is set Defendant pleads guilty and accepts plea bargain – conviction of lesser charge for softer sentence

Trial Prosecution and Defense present case Jury (or judge) reaches verdict

Acquittal Defendant found not guilty

Sentencing Defendant found guilty and judge sentences (punishes)