Good Laws

-Characteristics of Good Laws

Fairness- equal to all

Reasonable

Understandable- all people know what they mean

Enforceable- have consequences

Source of Our Laws

-Ancient Law Systems

-Hammurabi’s Code: first ever written set of laws based on social norms

“an eye for an eye”

-Ten Commandments: given by God influenced laws all over the world

BOTH MORAL STANDARDS

-Roman Codes based on JUSTINIAN CODE

Draconian laws= harsh Greek laws

Source of Our Laws

-English Law

-Magna Carta=1215 limited king’s power for the first time (rule of law)

-English Bill of Rights=further limited the authority of the king gave Parliament more power

-Common Law System=based on tradition, not written down

-Used precedent (past court decisions)

Source of Our Laws

-American System

Used ideas from Mayflower Compact (direct democracy), House of Burgesses (representative democracy)

***Iroquois Nation Constitution: Joined 5 tribes together (influenced Albany Plan of Union)

-Declaration of Independence: Separation from a tyrant king

-Constitution: supreme law of US, Includes rule of law, federalism, popular sovereignty, separation of powers

Criminal Law

-Criminal Law– Laws that deal with specific statutory rules laid down by the government regarding people’s behavior

Also called Penal Law and is punished by a Penal code

-misdemeanor: minor crime (petty thief, larceny) Fine often punishment

-felony: major crime (murder, rape) Jail time often punishment

Civil Law

-Civil Law: regulation of private ownership among persons and organizations

-Lawsuits (suing for damages)

-Contracts (not holding the end of a legal document)

-Family law (divorce, child custody)

-Small Claims Courts: courts where cases are heard involving less than $5,000

Constitutional Law

-Constitutional Law

-law that deals specifically with rights and issues revolving around our rights as defined in state or national Constitutions

Gregg v. Georgia for example (death penalty is NOT cruel and unusual, 8th Amendment)

Administrative Law

-Administrative Law

-laws that govern the operations of government agencies

-determined by the executive branch

-has the same effect as law passed by legislature

- The EPA, FTC, IRS, Patent and Trademark office

International Law

-International Law

-military agreements

- Boundary disputes

-diplomatic treaties

-method of warfare

-trade

-human rights (treatment of

POW’s)

Statutory Law Enacted by state or national legislature Opposite of Common Law b/c it IS written

down Regulates government, maintains civil

order, organizes existing law