Hammurabi’s Code• The first written Code of law by

King Hammurabi of Babylon nearly 4,000 years ago

• Contained almost 300 laws• The Code was openly displayed

for all to see, that way no man could plead ignorance of the law as an excuse.

• Women and slaves had only the rights men allowed.

• “If any one is committing a robbery and is caught, then he shall be put to death.”

• “ If the "finger is pointed" at a man's wife about another man, but she is not caught sleeping with the other man, she shall jump into the river for her husband.”

The 10 Commandments• Belief of people from

Jewish and Christian descent that God gave these rules to Moses for people to live by

• You shall not steal• You shall not kill• You shall not bear false

witness against your neighbor

• You shall not covet your neighbor's wife or goods

Justinian Code• Written in 538• The position of the

emperor as an absolute monarch with unlimited legislative, executive and judicial power is implicit throughout.

• Christianity was the religion for the empire, uniting Church and state

• If not a Christian you were unable to be a citizen

Draconian Law• The First written of

Athens• It was written so that a

poor man might know what the law really was, so he could avoid breaking it.

• Men were horrified at their severity.

• Very liberal use of the death penalty, even used for the stealing of an apple from an orchard.

English Common Law• Tradition of following

earlier court decisions• Look at local customs

when making decisions and written records of what other judges decided

• Judges sometimes follow what people in the community believe to be right

The Two Main Sources of Laws

Statutes Common law

•Usually refers to laws written by the legislative branch (Congress, General Assembly, or city council)•Created to meet a need or solve a problem

•Tradition inherited from England•Serves as precedent or previous proceedings by judges •Comes from previous court decisions (lower courts and the Supreme Court)•Reflects general customs and beliefs•Influences civil law (especially cash settlements)

Is it a statute or common law?1. a court decision2. a written law3. Speed limits4. Aggravated assault5. You must attend school until you are 166. You can burn a flag 7. You cannot yell fire in a movie theater8. You must stop at a stop sign9. A teacher cannot lead a class in prayer 10. If you live together for seven years you are considered married. 11. Armed robbery12. No littering13. If a parent dies, the children are usually placed with the closest relative.14. A woman received 2.3 million for burning her hand on a cup of coffee from

McDonald’s15. A school principal is allowed to censor the newspaper if it goes against the mission

of the school

The Magna Carta• King John was forced

to sign this document by nobles in 1215

• It limited the King’s power

• It protected the wealthy’s right to own property, have due process of law (fair procedure, and a trial by jury

Colonial Law in Virginia• A group of merchants founded the colony of Virginia in 1607, called

Jamestown• The colony was loyal to the King and followed the Church of England, called

a theocracy• It was a crime to not follow the rules of the church, including attending

service twice a day (punishment on 1st offense was loss of food).• Small crimes such as stealing and adultery were heard by the local

magistrate or judge• Large crimes such as treason, murder, and arson, and public drunkenness

were heard by the King’s Court and usually including a public whipping• Public confessions and humiliation were often part of punishment • Gossip was a crime and punishment was wearing an iron mask of sort • Branding and maiming were normal punishments as well

Articles of Confederation

• Able to pass laws, although difficult

• Did not set up any federal courts

• States had courts to interpret laws and decide a person’s guilt States Only

The English Bill of Rights• Parliament offers William

and Mary the thrown in 1689 as long as they agree to the following provisions:

• Trial by jury• No excessive bail or fines• No cruel punishment• Right to petition

government

Constitution• Sets up three branches of

government: Art 1 the legislative, Art 2 executive, and Art 3 judicial

• Art 6 (Supremacy Clause) states that the Constitution is the Supreme law of the land

• Restricts the power of Congress from passing certain laws, such as:

• NO bills of attainder- cannot take away a person’s trial by jury

• NO writs of habeas corpus- Cannot put a person in prison without telling them what they did wrong

• NO ex post fact laws- cannot say something is illegal, AFTER someone has already done it

Bill of Rights• Written by James Madison• AntiFederalists wanted

them added to protect citizens from the national government

• Gives people rights when accused of a crime, such as: trial by jury of peers, being able to call witnesses on their behalf, being able to have a lawyer, and not having cruel and unusual punishment

The 14th amendment• Added to the Constitution

in 1868• It defines a citizen is

defined as anyone born or naturalized in the United States

• Gives equal rights under the law to African Americans

• Later used for women, and handicapped to gain equal rights