1 Resolving Conflict: Judicial Process (Continued) 1

-Can take years to settle in court because of so many cases Most settle out of court Steps: -File a Complaint Formal statement naming plaintiff, defendant, and nature of lawsuit -Summons is issued Sent to the defendant to inform them of the case -Attorney’s exchange pleadings The complaint and the defendant’s answer together -Court presentations Attorneys present cases 2 Civil Court Procedure

-Judge or jury deliberate “Preponderance of evidence” Whoever has best evidence wins -Verdict is issued Plaintiff wins = remedy set Plaintiff loses = gets nothing and pays court costs 3

Criminal Cases -Criminal Case -law that deal with cases involving violations of criminal code Government charges defendant with a crime and is always the prosecution “State vs. ___________” -Penal Code set of written laws and punishments designed by each state and the federal government to describe crimes Police officers, lawyers, and judges must know it 4

Types of Criminal Cases -Misdemeanors Lesser crimes -Felonies Serious/violent crimes -Crimes against Property Larceny, Burglary, Robbery Vandalism, Fraud, Embezzlement -Crimes against People Murder Manslaughter Rape Kidnapping Assault 5

Criminal Punishments -Penalties vary according to the seriousness of the crime committed (8 th Amendment) -Crime against people will carry greater punishments -Role of Punishment -rehabilitation, deterrence Goal is to help criminals learn to re-enter society and be productive Keep others from committing crimes -Indeterminate Sentencing -Judge gives a range of sentences Depends on judge, politics, etc. -Mandatory Sentencing -3 strike laws: 3 times charged = jail time -Parole Early release from jail 6

Legislative Process: How a bill becomes a law

Who can propose a law? Anyone can suggest an idea for a law. However, only a Member of Congress can take a proposed law to the House of Representatives or the Senate.

Introduction Bill must be introduced by a member of Congress. Bill receives number H.R. for House of Representatives S. for Senate Where do money bills begin?

The Standing Committee This is a permanent committee in the House & Senate that studies bills. Both the house and Senate have Standing committees. They exist because they deal with topics that always come up  i.e. Agriculture, Education, Defense

The Subcommittee After going to the Standing Committee Bills are sent to a subcommittee They are created for a purpose…Temp A more detailed analysis of a bill. Ex.: If it’s a bill about education, what specifically does it want to do?

Scheduling AKA Time Limits for Debate Senate: scheduling by the Majority Leader’s office House Rules Committee – This Committee determines the order in which bills come up for a vote on the House floor. The Senate does not have a Rules Committee, This means that There are no individual time limits in the Senate for debating bills. Time limits for the House are per person to speak Time limits for the Senate are overall time to pass the bill

Filibuster: When a Senator is talking a bill to death  Strom Thurmond- 24hrs and 18 min. straight filibuster] against the Civil Rights Act of 1967 (longest recorded filibuster by one Senator in U.S. History)  For example: They read the dictionary, homemade recipe's (anything, because there is no time limit)  *There is a time limit for the House of Representatives  To prevent a handful of Senators from using a filibuster to halt the passage of a popular bill, the Senate adopted Cloture, 3/5 of Senate has to be in favor to end debate.

Conference Committee Conference committees are created to resolve disputes between the House and Senate Versions of the bill  Remember that each comes up with their own version of the bill then they create one copy for the president look at. If they cannot agree, it starts over at the top.  Conference committees have members of both houses to accomplish this.

To the White House Review / soundings Options  Sign  Law without signature. Bill sit on his desk for 10 days without signing it while Congress is in session, then becomes a law  Veto (subject to override)  Pocket veto. If, after 10 days, he has not signed it and Congress is no longer in session, the bill does not become a law  Line-Item Veto – The power of the President to remove specific spending items from bills passed by Congress. (In 1998, the Supreme Court ruled the line-item veto to be unconstitutional).

17 Review: Types of Laws 17

18 Common Law Began in England Began in England Deals with the use of precedent Deals with the use of precedent Covers nearly all aspect of human life Covers nearly all aspect of human life Judge-made law that has developed over centuries Judge-made law that has developed over centuries enforcement - judicial system enforcement - judicial system – Why? 18

19 Criminal Law Law that defines public wrongs and provides for their punishments Law that defines public wrongs and provides for their punishments Murder, rape, arson, shoplifting Murder, rape, arson, shoplifting –Derived from the Code of Hammurabi –Used as a deterrent and punishment Felonies, misdemeanors Felonies, misdemeanors Enforcement - police handle the crimes, but this is between private parties and society. Enforcement - police handle the crimes, but this is between private parties and society. What are possible punishments for a criminal case? What are possible punishments for a criminal case? 19

20 Civil Law Relates to human conduct - lawsuits Relates to human conduct - lawsuits Disputes between private parties – Divorces, custody disputes, contracts Disputes between private parties – Divorces, custody disputes, contracts Often deal with Money Often deal with Money Enforcement - always between private parties Enforcement - always between private parties –What are possible punishments for civil cases 20

21 Constitutional Law Based on US and State constitutions Based on US and State constitutions Deals with judicial interpretations of these documents Deals with judicial interpretations of these documents Enforcement - Judicial interpretation carries out these laws. Enforcement - Judicial interpretation carries out these laws. Ay time a supreme court makes a decision, they establish a constitutional law. Ay time a supreme court makes a decision, they establish a constitutional law. 21

22 Administrative Law The body of rules and regulations, and orders and decisions created by administrative agencies of government The body of rules and regulations, and orders and decisions created by administrative agencies of government Noise ordinances, Teen curfew, Zoning regulations, Speed Limits, FDA Regulations Noise ordinances, Teen curfew, Zoning regulations, Speed Limits, FDA Regulations Always passed a regulatory agecy Always passed a regulatory agecy Enforcement- the individual agencies pass these laws. Enforcement- the individual agencies pass these laws. 22

23 Statutory Law Laws made by congress, general assembly, initiatives, and referendums Laws made by congress, general assembly, initiatives, and referendums Patriot Act, Federal Income Tax laws, Drug use Patriot Act, Federal Income Tax laws, Drug use Any law passed by congress…it includes civil, criminal, and most other types of laws Any law passed by congress…it includes civil, criminal, and most other types of laws 23

24 International Law A set of rules generally regarded and accepted as binding in relations between states and nations A set of rules generally regarded and accepted as binding in relations between states and nations Human Rights, refugees, war crimes, extradition Human Rights, refugees, war crimes, extradition International groups (such as UN) handle and enforce these. Pacts are made between countries and enforced by them. International groups (such as UN) handle and enforce these. Pacts are made between countries and enforced by them. 24