1. The American Legal System
Chapter 15 & 16 1

2. Purpose of Laws To keep society in order
To provide penalties for disorder
To settle disagreements
To provide deterrence to disorder 2

3. History of Law Code of Hammurabi King Hammurabi of Babylonia
282 laws regulating behavior
Oldest written code of law that applied to everyone– 1760 BC
Very harsh rules & punishments
Religious Code
Ten Commandments, Islamic Law
Draconian Laws –
Ancient Greek law that had extreme punishments for small crimes
Justinian Code
Simplified Roman Code of law – based on jurisprudence (theory of law)
English Common Law
Primary source of our laws
Based on precedent
Statutes – acts of parliament 3

4. Types of Laws Public or Constitutional
Involves Constitutional questions
Supreme Court
Administrative Law
Involves laws passed by government agencies
Tax law
Example – Federal Trade Commission has regulations to protect consumers from harmful products
Statutory Law
Laws passed by legislatures 4

5. Types of Laws Civil Criminal Involve disputes
A fine or amount is paid as the result
Criminal
Violations of law
Jail sentences are the result
Misdemeanors
Felonies 5

6. Civil Cases One person files a lawsuit against another
Plaintiff – Person/party filing a lawsuit
Defendant - individual/group being sued or charged with a crime
Judges decide not juries (usually)
Judge may issue an injunction -a court order commanding a stop to an action
Most are settled out of court
Magistrate Judge less than $5,000, District Court less than $10,000, Superior Court more than $10,000 6

7. Criminal Cases Prosecution & Defendant
Burden of Proof - is on the prosecution
Prosecution – party who starts the legal proceedings against another party for a violation of the law.
Must prove guilt beyond a reasonable doubt
Not a single doubt can exist
Innocent until proven guilty! 7

8. Penalties for breaking the law
4 functions of penalties
Punishment
Protect society
Make examples (deterrence)
Rehabilitation
State Penal Code – state’s written criminal laws. Crimes are defined. Punishments for each crime spelled out
Indeterminate Sentence – judge sets a minimum & maximum sentence
Determinate Sentence – judge sets a specific sentence
Mandatory Sentence – judge sets a sentence in accordance with state law 8

9. Civil Case Procedures Bringing the Suit Plaintiff files
Summons Sent to Defendant -
Defendant’s Response
Pleadings – a defendant’s response to the complaint by admitting fault or denying charges
Discovery – each side gathers facts & evidence
Pretrial Discussions – decide if case should go to court or be settled
Trial – both sides present their case
Verdict –decision of the judge or jury - if plaintiff wins the judge sets a remedy - fine paid by defendant if found guilty in civil case
Appeal – both sides have the right to appeal a decision 9

10. Criminal Case Procedures
Suspect is arrested – Must be read their Miranda rights
Preliminary Hearing – judge reads charges & sets bail
Indictment – grand jury decides on evidence
Arraignment – defendant enters a plea & trial date is set
A plea bargain can be made at this time
defendant agrees to plead guilty to a lesser crime
Used to convict someone else
Discovery – both sides gather evidence
Jury is selected
Trial 10

11. Trial Prosecution makes an opening statement first
Defense then makes their opening statement
Prosecution calls witnesses for testimony – statement a witness makes under oath
Defense can cross-examine – question a witness at trial or hearing to check or discredit testimony
Prosecution rests
Defense calls witnesses for testimony Prosecution can cross-examine
Defense rests
Both sides make closing statements 11

12. Trial cont. 8. Jury Decision – Verdict
Jury first deliberates – jurors review evidence and legal arguments
Must decide guilt beyond a reasonable doubt
Acquittal – jury decides not guilty & defendant is released – can’t be retried for the same crime
Guilty – date is set for sentencing
Hung Jury – jury can’t decide – this is a mistrial and can be retried
9. Appeal - If the defendant is found guilty, the defense may appeal the verdict to a higher court 12