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The Law and the Individual

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1 The Law and the Individual
Unit VII Sources of Our Laws

2 What are laws? Set of rules that help people live together

3 What should laws do? Major purpose is to keep the peace and prevent violent acts Provide rules for resolving disagreements between groups or individuals

4 What makes a good law? Fairness – all people treated equally
Reasonable – punishment fits the crime Understandable – laws are not to complicated for people to be able to follow Enforceable – laws can be monitored and carried out by communities, state or federal authorities

5 Where do our laws come from?
Based on ideas, customs, and laws passed down from generations

6 History of Law Code of Hammurabi First known written legal system
Around 2000 BCE Harsh penalties based on principle of “an eye for an eye”

7 The Ten Commandments Found in the Hebrew Bible Around 1200 BCE

8 The Ten Commandments

9 Roman Law Written by the Roman Senate and Judges – representatives of the citizens Justinian Code – Around 600 AD Byznatine Emperor Justinian organized Roman law which influenced Catholic Church Napoleonic Code

10 English Common Law Established by Court Decisions rather than legal code Based on precedents – previous decisions that are examples to follow Makes the law consistent and fair

11 Criminal Law Cases in which the state or federal government charges someone with a crime

12 Misdemeanors A relatively minor offense
Examples – minor vandalism, stealing inexpensive items

13 Felonies A serious crime Examples: murder, rape, kidnapping, robbery

14 Civil Law When a person or group takes a legal action against another person or group

15 Lawsuit When a person or group sues to collect damages

16

17 Types of Laws Constitutional Law – deals with the formation, construction and interpretation of the Constitution Highest law in the country

18 Administrative Law Rules and regulations that the Executive Branch makes to carry out its job.

19 Statutory Law Statute – written law by a legislature Regulate behavior
Source of rights and benefits

20 Identify Each of the Following as A) Statutory Law B) Constitutional Law C) Administrative Law
The US Postal Service increases the price of a stamp to 60 cents The right to get your drivers license when you turn 16 The right to remain silent when accused of a crime

21 Steps to a civil case Plaintiffs attorney files a complaint
Court sends a summons to defendant Defendant’s attorney files a written answer Attorneys for both sides exchange plea documents Attorneys argue case in court Court gives verdict

22 Steps to a Criminal Case
Arrest

23 Preliminary Hearing Suspect appears before judge and bail is set

24 Indictment Grand Jury (or judge) hears evidence and formally charges

25 Arraignment Defendant pleads not guilty and trial date is set
Defendant pleads guilty and accepts plea bargain – conviction of lesser charge for softer sentence

26 Trial Prosecution and Defense present case
Jury (or judge) reaches verdict

27 Acquittal Defendant found not guilty

28 Sentencing Defendant found guilty and judge sentences (punishes)


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