The Judicial Branch: Equal Justice Under the Law Chapter Seven
A Nation of Laws Societies have rules or laws in order to promote the common good and protect its citizens. These laws, keep people from feeling as though they can do anything they please to whomever they please Laws protect YOU, your personal and physical safety as well as your property and freedom. Laws set boundaries or limits on behavior.
Two Types of Law: Criminal Law Criminal law refers to the group of laws: That define what acts are crimes. That describes how a person accused of a crime should be tried in court. That describe how crimes should be punished. A crime is any behavior that is illegal because society, through its government, considers the behavior harmful to society.
Two Types of Law: Criminal Law Criminal laws are intended to protect society as a whole. Examples, laws against: Rape Assault Murder Stealing
Two Types of Law: Civil Law Civil law is the group of laws that refer to disputes between people. Therefore, if someone has a dispute with another individual and they cannot solve it privately they can go to court to settle the matter.
Two Types of Law: Civil Law Civil laws are intended to settle a wide range of personal issues. Examples: Contract disputes. Divorce proceedings. Property boundaries.
Four Sources of Law: Statutory Law Laws that are passed by lawmaking bodies are known as statutes, or statutory law. These laws are passed by Congress and state and local governments. Statutory laws usually represent majority rule, or what the majority of citizens believe to be right or wrong.
Four Sources of Law: Common Law Common law is a type of law that comes from judges’ decisions that rely on: Common sense. Traditions. Customs. Previous cases.
Four Sources of Law: Administrative Law Administrative laws are created by government agencies instead of legislatures. Administrative laws cover many areas of daily life, such as health, safety, education, and baking.
Four Sources of Law: Constitutional Law The Constitution is the supreme law of the United States. Constitutional law is based on the Constitution and on Supreme Court decisions interpreting the Constitution.
The Roles of the Courts Courts use the four sources of law to settle disputes between: People People and the government Governments Society and an individual
Criminal Cases: The Rights of the Accused The right to an attorney. The right to confront the accuser. The right to a jury trial. Finally, if the accused is convicted of the crime he/she has the right to appeal the decision. An appeal is the process by which the person asks a higher court to review the result of the trial.