1. COMMUNICATION LOG CONTACTDATETYPE OF CONTACT: PHONE, EMAIL, IN PERSON PARENT CONTACTED: GRADE LEVEL TEAM CONTACTED; TEACHER TEAM CONTACTED: CHILD STUDY TEAM CONTACTED: MEETING DATES STUDENT CONFERENCE DATES PROGRESS MADE AT MEETING: CHAPTER #15 LAW IN AMERICA SECTION #1 SOURCES OF AMERICAN LAW

2. Law is the set of rules and standards by which a society governs itself. Law is in everything that we do- it resolves conflicts and protects individuals

3. EARLY SYSTEMS OF LAW WRITTEN LAWS STARTED IN TRIBAL SOCIETIES 1.Code of Hammurabi (King of Babylonia) – the code categorized crime and punishments 2.The Ten Commandments- another source

4. OUR LEGAL HERITAGE We follow 1.Constitutional Law- follows the constitution 2.Statutory Law- A statute is a law that is written by a legislative body (sometimes called Roman Law)- cities laws are called ordinances 3.Administrative Law- spells out in authority and procedures of government agencies (who will get welfare or Social Security)

5. 4. Common Law- also called case law- it is a law made by judges and how they resolve individual cases 5. Equity- a certain set of legal rules that sometimes overrule common law or statutory law (fairness)

6. LEGAL SYSTEM PRINCIPLES 4 Basic Principles (both state and federal) 1.Equal justice under the law- this states that the goal of the American court system is to treat all people equal regardless of race/color 2.Due Process of Law- Due Process has two parts 1.Substantive Due Process- a kind of short hand for rights that are specified in constitution such as free speech 2.Procedural Due Process- Concerns fairness in the way a case is handled.

7. 3. The Adversary system- (opponents) the better lawyer that makes the best case will win. Vior Dire- the jury selection process-picking a good jury) The downside of the adversary system- sometimes lawyers are too focused on winning and ignore the obvious evidence 4. Presumption of Evidence- basic principle of American Justice system- people are presumed innocent until proven guilty

8. CHAPTER #15 LAW IN AMERICA SECTION #2 CIVIL LAW Types of Civil Law 1.Contracts 2.Property 3. Family Relations 4.Tort (Civil injuries to person or property)

9. 1. Contracts- Voluntary promises enforced by the law between two parties who agree to do or not to do certain things (EX-credit cards, marriage) There are two types of contracts: 1.Expressed Contract- terms are specified and usually stated in writing 2.Implied Contract- not stated but come from what people do and the circumstances are (EX-car fixed)

10. Three Basic elements to a contract 1.An offer 2.An acceptance 3.A consideration- usually money Property Law- a civil law that deals with the ownership and the use of property

11. Two types of property 1.Real property- land and whatever is attached and grown on it 2.Personnel Property- all other property (clothes, car, etc) There are many disputes over property- EX people who discriminate against minorities when it comes to buying or selling, or renting property- illegal based on the Fair Housing Act of 1968

12. Family Law- deals with family relationships (marriage, divorce, child custody)- family court settles it. Marriage is a civil contract- in some states same-sex unions are recognized- the laws are ever changing

13. Torts or Civil Wrongs A tort is any wrongful act (other than breaking a contract) for which an injured person can sue for damages in a civil court (EX- slip/ fall car accidents) 2 Kinds of Torts 1.Intentional- deliberate slander/ assault/ battery 2.Unintentional- doing harm w/o intention- involves reckless/ careless actions (leaving knife where a child can get it)

14. STEPS IN A CIVIL CASE CIVIL CASES ARE CALLED LAWSUITS Plaintiff brings the charge Defendant- defends the charges brought against them- they usually seek damages In some lawsuits the plaintiff may ask the court for an injunction- a court order that forbids a defendant from taking or continuing certain actions (ex- building in a neighborhood that doesn’t want them)

15. Stages of a civil lawsuit 1.Hire a lawyer 2.File a complaint- legal document filed with the court- states what the defendant did wrong- they will receive a summons for initial court appearance 3.Pretrial discovery- both sides prepare for the case 4.Resolution w/o a trial- (90%) they go through mediation and settle 5.Trial- 6-12 jurors, case could take years- defense answers or asks for a dismissal 6.Award- who wins and how much p426

16. Small claims court-Most states have them as a legal alternative, usually asking for between $1-5,000 dollars- it costs $15 to file- the plaintiff has to bring evidence to court to prove their case- if the defendant fails to show up the plaintiff automatically wins the case.

17. CHAPTER #15 SECTION #3 CRIMINAL LAW Criminal Law- is the most direct method for controlling crime because it defines criminal acts and spells out punishments for them The government charges the person with a crime- the government is always the prosecutor, the defendant is always the person charged A crime is an act that breaks the law and harms someone or society in general

18. Criminal Justice System- is a system of state and federal courts, judges, lawyers, police, and prisons responsible for enforcing criminal law There is a separate Juvenile justice system for those under 18 Types of Crime 1.Petty offenses- parking illegally/ littering- you get a ticket or citation 2.Misdemeanors- vandalism, stealing- usually fines and jail up to a year 3.Felonies- Serious crimes- kidnapping, arson, fraud- punishable by more than a year in jail

19. STEPS IN CRIMINAL CASES 1.Investigation and arrest- arrest warrants 2.Initial Appearance- after arrest brought before a judge within 24 hours, judge reads charges and explains rights – defendant pleads guilty or not guilty- if they plead not guilty a trial is set- if it is a felony trial it goes straight to a preliminary hearing 3.Preliminary hearing or grand jury-in federal or state courts the case goes to a grand jury- people who decide if there is enough evidence for an indictment or formal charge- in preliminary hearing the prosecutor presents evidence to the judge- either the case moves on or charges are dropped

20. 5. Plea bargaining- 90%of criminal cases end in plea bargaining- an agreement is worked out where the defendant accepts guilt to a lesser crime and the government gives them a break on more serious crimes Saves money and time Others argue the criminals get off too lightly In Santobella vs. NY (1971)-SC says that plea bargain is essential part of the justice system 6. Arraignment and Pleas- during an arraignment formal charges are read- the defendant is represented by a lawyer- they plead guilty or not guilty 7. Trial- if they plead not guilty then the defendant has a jury trial or a bench trial (judge) – they hear all of the evidence

21. 7. The Decision- Verdict- last step- all jury must agree on guilty or not guilty or it results in a mistrial and a new trial is scheduled 8. Sentencing- if not guilty them they are released, if guilty then the judge sentences them Many states have three strikes and out- if you commit three crimes then you get automatic 25 years (Ewing vs. California)

22. CHAPTER #15 LAW IN AMERICA SECTION #4 RIGHTS OF THE ACCUSED Searches and Seizures The police need evidence to accuse people of committing crimes- this requires searching people, places, etc… The 4 th amendment protects us from unreasonable searches and seizures- so what constitutes unusual searches and seizures? The courts take it case by case- usually police would get a warrant before searching for evidence 1980 Payton vs. NY- SC ruled that except in life threatening emergencies, the 4 th amendment forbids searching homes without a warrant.

23. Certain situations do not require a warrant- when someone is breaking the law (car stopped for speeding) or when people put trash out on public streets (California vs. Greenwood 1998) also do not need a warrant for drug testing The Exclusionary Rule- excludes illegally obtained evidence from trial- people criticize this because criminals go free because of police mistakes in collecting evidence

24. Exclusionary rule doesn’t count if the evidence would have been found legally anyway or if the police had a search warrant Court case timeline (p. 437-439)

25. WIRETAPS AND ELECTRONIC SURVEILLANCE Both considered forms of searches- after 1978 they need a warrant for wiretapping and bugging Writ of Habeas Corpus- the judge explains why the person is being held- the person must be released if there is insufficient evidence to keep them

26. Guarantee of Counsel 6 th Amendment gives you the right to an attorney Cases- Gideon vs. Wainwright- broke into a pool hall, he was too poor to hire a lawyer and he wasn’t granted one so he was convicted- he appealed to the SC and won Self- Incrimination- the 5 th Amendment- you cannot be forced to testify against yourself (plead the 5 th )- you are innocent until proven guilty- it is the prosecutors burden to prove your guilty Cases Escobedo vs. Illinois 1964 (p440) Miranda vs. Arizona 1966 (p441)

27. Double Jeopardy- cannot be tried for the same crime twice- however, you could be tried in civil court (ex- OJ Simpson) Doesn’t count if the jury cannot reach a verdict they must be tried again