1. The Sources of Our Laws
Goal 6.01

2. The Law
Framers knew that laws were necessary, especially John Adams
Laws: system of rules that allow people to live peacefully in society
Binding on everyone

3. Legal Code vs. Moral Code
Defined by the government in the penal code
Values, beliefs, religious
Internal knowledge of right and wrong
Influences legal code

4. So why do we have law?

5. Functions of the Law Keep peace Prevent violent acts
Set punishments to deter criminal acts
Administer justice
Set up guidelines for resolving civil disputes
Must be fair, equal treatment, reasonable

6. History of Laws

7. Code of Hammurabi
First known system of written law
Compiled by King Hammurabi of Babylonia in 1760 B.C.
282 laws regulating behavior
Harsh Punishments

8. Code of Hammurabi
If any one ensnare another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death.
If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death.
If any one steal the minor son of another, he shall be put to death.
If any one break a hole into a house (break in to steal), he shall be put to death before that hole and be buried.

9. Code of Hammurabi
If any one is committing a robbery and is caught, then he shall be put to death.
If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, and on whose ground and territory and in whose domain it was compensate him for the goods stolen.
If fire break out in a house, and some one who comes to put it out cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire.

10. Ten Commandments Followed by the Hebrews Involved Moral Codes
Influence our laws today

11. Roman Law Jurisprudence is the study of law
First laws were written in 450 B.C.
Penalties were harsh
Code of Justinian
Napoleon
Influences Louisiana Law

12. English Law Influences American law the most
Common Law: Law based on court decisions rather than a legal code
Followed precedent or earlier ruling in a similar case
Included trial by jury
Innocent until proven guilty

13. English Law continued
Settlers brought these ideas of government with them to the New World so our legal system is much like English Law

14. Types of Law

15. Civil Law Regulates non criminal behavior
Involves disputes between people
Involves a plaintiff and a defendant
Torts: civil wrongs, deals with negligence
Family Law: divorce, child custody, adoption, alimony, etc.

16. Criminal Law
Seek to prevent people from deliberately or recklessly harming each other or property
Adversary System: Court room is like an arena for lawyers to fight their opponents and the judge is impartial (referee/ umpire)
Government is always the plaintiff
Crimes are ranked as felonies or misdemeanors

17. Public Law
Administrative Law: includes rules and regulations that government agencies of the executive branch must issue to carry out their job
Misconduct of the EPA
FCC Regulations of over the air broadcasts
Constitutional Law: Concerns alleged violations of constitutional rights
Victims of unreasonable searches for example

18. Public Law continued
Statutory Law: laws written by the legislative branch (Congress)
Regulate our behavior
Speed limits, minimum wage, work permits

19. International Law
Violations are brought to the International Court of Justice (the World Court)
Does not have enforcement powers, must rely on the willingness of the parties to accept the rulings
Comprised of Treaties, customs, and agreements among nations
Military and diplomatic treaties, trade regulations

20. Article I of the Constitution
Writ of habeas corpus: requires an official who has arrested someone to bring that person to court and explain why he/she is being held
Bill of Attainder: a law that punishes a person accused of a crime without a trial or a fair hearing in court
Ex post facto law: law that would allow a person to be punished for an action that was not against the law when it was committed

21. Due Process
Government may not take our lives, liberty, or property except according to the proper exercise of the law
Guaranteed by the 5th and 14th Amendments

22. Treason The only crime defined by the Constitution
Can be convicted of treason if you wage war against the U.S., join its enemies, or give aid and comfort to the enemy
Must have proof
Government cannot misuse the law by punishing those questioning the government

23. Schenck vs. The United States
1919, during WWI
Schench was arrested for circulating pamphlets urging people to avoid the draft, said it was like slavery
Said his 1st amendment rights had been violated, but the court ruled against him saying that the country can pass limitations of the freedom of speech during war times if it “presents a clear and present danger”