Section 1-Main Idea Guide to Reading Big Idea Throughout history, civilizations have developed systems of laws to meet their needs.
Section 1 Functions of laws: –Define what is and is not permissible –Set punishments meant to discourage potential criminals –Administration of justice through law enforcement agencies and courts –Establish rules for settling disagreements over non-criminal matters Functions of Laws (cont.)
Section 1 Characteristics of good laws: –Fair to everyone –Reasonable punishments –Understandable by the public –Enforceable by community, state, or federal authorities Functions of Laws (cont.)
Section 1 History of Law (cont.) The laws of early societies influence legal systems today. Earliest laws –Unwritten ideas, traditions, and customs probably served as a kind of law for early societies –Passed orally from generation to generation
Section 1 Early systems of written law: –Code of Hammurabi compiled by King of Babylonia, 1760 B.C. –Ten Commandments of Hebrew Bible –First code of Roman law published, 450 B.C. History of Law (cont.) Development of Legal Systems
Section 1 Imperial expansion spreads Roman law through Europe, Africa, and Asia. Code of Justinian, A.D. 533: History of Law (cont.) –Basis for law in Byzantine Empire –Becomes part of canon laws of Roman Catholic Church –Updated by Napoleon in Napoleonic Code
Section 1 English system of common law:common law –Most important source of American law –Begins to take shape after Norman Conquest of England –Law based on precedents established by court decisions rather than a legal codeprecedents History of Law (cont.)
Section 1 –English common law incorporates Roman and canon law –Basic principles of individual rights evolve –Statutes come to dominate system, common law still significantStatutes –Brought to North America in 1600s and 1700s by English settlers History of Law (cont.)
Section 1 Do you agree that legal systems based on common law are fairer than systems based on a legal code? A.Agree B.Disagree A.A B.B
Section 2 Criminal and Civil Law Criminal laws help maintain a peaceful and orderly society, while civil laws involve disputes between people or groups.
Section 2 Criminal and Civil Law (cont.) Two types of law directly affect Americans—criminal law and civil law.
Section 2 Criminal law: –To prevent people from deliberately or recklessly harming one another or one another’s property –Government always the plaintiffplaintiff –Accused individual or groups are defendants defendants Criminal and Civil Law (cont.)
Section 2 –Based on idea that society is a victim when a crime is committed –95 percent of U.S. criminal trials are for violations of state laws. –Titling of cases: state v. defendant Criminal and Civil Law (cont.)
Section 2 It is an adversary system: –Lawyers for opposing sides present their strongest case –Judge has impartial role –System has critics and defenders Criminal and Civil Law (cont.)
Section 2 Classification of crimes: –Felonies are more serious crimes, such as murder.Felonies –Misdemeanors are minor infractions, such as vandalism.Misdemeanors Criminal and Civil Law (cont.)
Section 2 Crimes against property most common: –Property is destroyed, such as arson or vandalism –Property is taken against owner’s will, such as larceny, robbery, burglarylarcenyrobberyburglary Criminal and Civil Law (cont.)
Section 2 Civil Law: –Disputes between people or groups –No criminal laws have been broken –Not viewed as threat to society –When a civil case goes to court, it is called a lawsuit.lawsuit –In lawsuits, the plaintiff sues to collect damages for some harm done by the defendant Criminal and Civil Law (cont.)
Section 2 Civil cases might involve: –Contracts –TortsTorts –Family law Criminal and Civil Law (cont.)
Section 2 Champions of legal rights: –John Peter Zenger (libel and freedom of the press)libel –Ida Wells-Barnett (civil rights) Criminal and Civil Law (cont.)
Section 2 Other Types of Law Laws protect your rights and enforce rules and statutes.
Section 2 Other Types of Law (cont.) The laws that govern our lives and protect our rights come from many sources Constitutional law –Cases that concern the limits of government power and the rights of the individual –Comes from U.S. Constitution
Section 2 Other sources: –State constitutions –Administrative agencies –Lawmaking bodies Other Types of Law (cont.)
Section 2 Administrative law: –Rules and regulations made by executive branch and its agencies Other Types of Law (cont.) Statutory law: –Statutes, or laws written by a legislative branch of government
Section 3 Protections in the U.S. Constitution (cont.) Americans have both basic legal rights and responsibilities. Separation of powers in U.S. Constitution: –Legislative branch makes law –Executive branch enforces law –Judicial branch interprets law
Section 3 Basis of judicial branch interpretation: –Written laws –Judicial precedents –Stare decisis: “let the decision stand”Stare decisis Protections in the U.S. Constitution (cont.)
Section 3 Sources of Americans’ basic legal rights: –Article I of the U.S. Constitution –Constitutional Amendments Protections in the U.S. Constitution (cont.) Constitutional Rights of the Accused
Section 3 Article I: –Provides for writ of habeas corpuswrit of habeas corpus –Forbids bills of attainder and ex post facto lawsbills of attainder ex post facto laws Protections in the U.S. Constitution (cont.)
Section 3 Constitutional Amendments: –Bill of Rights –Requirement of equal protection in 14th Amendment –Due process of law mandated in 5th and 14th AmendmentsDue process of law Protections in the U.S. Constitution (cont.)
Section 3 Guaranteed Rights of Those Accused The U.S. Constitution includes several protections for Americans accused of a crime.
Section 3 Guaranteed Rights of Those Accused (cont.) The U.S. Constitution includes rights that protect citizens accused of crimes. Accused are presumed innocent until proven guilty in a court of law.
Section 3 Fourth Amendment: –Protects citizens against “unreasonable searches and seizures” –Gives Americans right to be secure in their homes and property –Requires search warrants and probable causesearch warrants –Mapp v. Ohio and the “exclusionary rule” Guaranteed Rights of Those Accused (cont.)
Vocab1 common law a system of law based on precedent and customs
Vocab2 precedent a ruling that is used as the basis for a judicial decision in a later, similar case
Vocab3 statute a law written by a legislative branch
Vocab31 factor an element contributing to a result
Vocab32 presume to assume or suppose to be true
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