The Judicial Branch Justice Under the Law Information from Chapter 7, Section 1.

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Presentation transcript:

The Judicial Branch Justice Under the Law Information from Chapter 7, Section 1

The Four Types of Law Statutory Laws - Laws passed by lawmaking bodies. Congress, State, and Local government pass and create these types of laws. Divorce Laws are examples of state statutory laws. Most state’s divorce laws are different.

Common Law - the type of law that comes from a judges decisions. In future cases, Judges will follow the Precedent - the earlier decision when deciding on similar cases. Oftentimes, lawmaking bodies will pass laws making common law, statutory law. Have you ever begged a teacher to go to the bathroom even though it is during a time they say you cannot go? Then the teacher says “yes.” The next day another student asked to go the bathroom saying the teacher let you go the day before. What did the teacher set by letting you go to the bathroom the day before? A PRECEDENT!!!

Administrative Laws -laws that are created by government agencies. These laws are often laws that are created by regulatory commissions. The EPA makes laws concerning environmental policy. The SEC makes laws dealing with the buying and selling of stocks, bonds and securities.

Constitutional Law - Law based on the Constitution and Supreme Court decisions interpreting the Constitution. Constitutional Law is the strongest law of the land.

Roles of the Courts Courts use different types of laws to settle disputes. A law must be enforced fairly to be just. To guarantee justice, a person is considered innocent until proven guilty. Guilt is determined through trials and court hearings.

A Fair Trial 1.All people have the right to an attorney. 2.Right to be released on Bail. - Bail can be denied in serious cases. 3.Indictment of a Grand Jury. - The Grand Jury determines whether or not there is enough evidence to try a person.

A Fair Trial Cont’d 4. Right to a Jury Trial. Petit Jury - a trial jury. Jurors - the 6 to 12 people that make up a petit jury. Jury Duty - people are required to report to serve as a potential juror. Verdict - a jury’s decision on a court case. Hung Jury - a jury that can’t reach a decision. People often wear, do, act, and say unusual things to get out of jury duty.

A Fair Trial Cont’d 5. Innocent until Proven Guilty - People bringing charges must prove a person is guilty - Witnesses are called to help prove guilt or innocence Testimony - evidence given by witnesses. Cross-examine - questioning witnesses to ensure accurate testimony. Often witness testimony puts the witness in danger. That is why the witness protection program exists.

A Fair Trial Cont’d 6. Right of Appeal Appeal - ask for a review of the court’s decision. Court decisions can be appealed all the way to the United States Supreme Court. If the Supreme Court says no, you’re done. And in some cases you can really be...Done. Electric Chair Lethal Injection Gas Chamber Death by Kenny G.