LAWS

PURPOSE, TYPES, PROCEDURES

SELECT A TOPIC

• TOPIC 1- PRECEDENTS TO OUR LAWS

• TOPIC 2-TYPES OF LAWS

• TOPIC 3-CRIMINAL PROCEDURES

• TOPIC 4-CIVIL PROCEDURES

• TOPIC 5-FOUNDATIONS OF AMERICAN JUSTICE SYSTEM

PRECEDENTS TO OUR LAWS

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TYPES OF LAWS

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CRIMINAL PROCEDURES

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CIVIL PROCEDURES

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FOUNDATIONS OF AMERICAN JUSTICE SYSTEM

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PRECEDENTS TO OUR LAWS–QUESTION 1

• The fact that our laws are written limits the power of the government. What was the precedent for written codes of law?

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PRECEDENTS TO OUR LAWS–ANSWER 1

• The Code of Hammurabi was the first written code of law.– Not fair necessarily, but at least written so

individuals could know the law.

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PRECEDENTS TO OUR LAWS–QUESTION 2

The fact that in the American Legal System one is innocent until proven guilty is a precedent from which previous codes of law?

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PRECEDENTS TO OUR LAWS–ANSWER 2

• Roman law provides us with innocent until proven guilty

• In U.S. courts of law, one only has to prove reasonable doubt that they are not guilty to avoid punishment.

• The prosecution must prove guilt.

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PRECEDENTS TO OUR LAWS–QUESTION 3

The idea that there is a contract between a ruler and his constituents exists in our Declaration of Independence through the social contract theory. What acted as a precedent for this with the existence of a covenant between a god and his people?

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PRECEDENTS TO OUR LAWS–ANSWER 3

• The Ten Commandments.

• Also important that the laws start talking about ethical treatment of one another not just rules protecting the government.

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PRECEDENTS TO OUR LAWS –QUESTION 4

Limited government is a fundamental principle of our Constitution. The government can’t do anything it wants. What precedent set the idea of a ruler needing his people’s consent to rule?

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PRECEDENTS TO OUR LAWS –ANSWER 4

• Magna Carta• King John must get approval from the nobles to

raise taxes.• This is part of English Law which is our greatest

source since we were part of the English empire prior to becoming the U.S.

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PRECEDENTS TO OUR LAWS –QUESTION 5

Today we use this form of law to settle many civil disputes. This form of law uses previous court decisions, precedents, to resolve current disputes. What form is this?

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PRECEDENTS TO OUR LAWS –ANSWER 5

• Common law.

• Based on precedents

• Originates from English law.

• Also known as Judge Made laws.

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TYPES OF LAWS–QUESTION 1

Linda Brown was not permitted to attend the local school because she was an African-American. Which type of law would be applied to resolve this issue?

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TYPES OF LAWS–ANSWER 1

• Constitutional law• This pertains to the formation, construction, and

interpretation of the Constitution.• Example of cases dealing with Constitutional law

– Brown v. Topeka– Gideon v. Wainwright

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TYPES OF LAWS–QUESTION 2

The Federal Aviation Administration issued a new regulation prohibiting the use of cell phones during take off and landing.

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TYPES OF LAWS–ANSWER 2

• Administrative law.

• Rules/laws made by the executive branch and in particular the executive agencies.

• FAA, FCC, EEOC, OSHA for example.

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TYPES OF LAWS–QUESTION 3

Johnny sues Billy for breach of contract when Billy did not finish repairing his roof.

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TYPES OF LAWS–ANSWER 3

• Civil Law• Deals with settling disputes between

groups, people, and/or the government• No criminal law broken. • Examples: negligence, breach of contract,

divorce,

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TYPES OF LAWS–QUESTION 4

The member nations of the United Nations agree to eliminate all tariffs for a year.

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TYPES OF LAWS–ANSWER 4

• International Law

• Dealings with or between other countries

• Treaties, executive agreements

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TYPES OF LAWS–QUESTION 5

Bob was arrested and tried for stealing another person’s car.

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TYPES OF LAWS–ANSWER 5• Criminal Law• Two types of Crimes

– Crimes against people– Crimes against property

• Two levels of Crime– Felony: more serious crimes; examples: murder, assault– Misdemeanors: less serious crimes; examples: littering, parking

tickets

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CRIMINAL PROCEDURES–QUESTION 1

Place the following steps of a criminal case in order from beginning to end.

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Sentencing Arraignment

Trial Grand jury indictment

Verdict Preliminary hearing

Arrest

CRIMINAL PROCEDURES–ANSWER 1

1. Arrest2. Preliminary hearing3. Grand jury indictment4. Arraignment5. Trial 6. Verdict7. Sentencing

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CRIMINAL PROCEDURES–QUESTION 2

What determines whether there is enough evidence for a case to go to trial?

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CRIMINAL PROCEDURES–ANSWER 2

• The Grand Jury• 16-23 members• Concern is whether there is enough evidence.

Doesn’t decide guilt or innocence• Protects the falsely accused

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CRIMINAL PROCEDURES–QUESTION 3

How many members are on a petit jury and what is its function?

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CRIMINAL PROCEDURES–ANSWER 3

• 12 members that decides whether the accused is guilty or innocent

• Must be unanimous decision• If can’t agree may have a hung jury

requiring a new trial

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CRIMINAL PROCEDURES–QUESTION 4

What is it called when the prosecution and defense negotiate to get the defendant to plead guilty to a lesser crime?

What benefit is there to the state in accepting a plea bargain?

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CRIMINAL PROCEDURES–ANSWER 4

• Plea bargain• Benefits to the state(prosecution in a criminal

state)– Guaranteed conviction; no chances with trial– Less taxpayer money in the courts– Lessens the burden on the court system since we

have so many cases awaiting adjudication.

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CRIMINAL PROCEDURES–QUESTION 5

Each state has a written guideline of punishments for crimes. What is this called?

In addition, what are the two types of sentences that may be handed down if a defendant is found guilty?

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CRIMINAL PROCEDURES–ANSWER 5

• Penal Code• Two types of sentences

– Mandatory; required sentences-no judge input – Indeterminate; unspecified and more judge

input based on previous record, behavior,etc.

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CIVIL PROCEDURES –QUESTION 1

What are the two types of civil cases?

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CIVIL PROCEDURES–ANSWER 1

• Lawsuits– Disputes between two groups or people– Breach of contract, negligence, etc

• Suits of Equity– Looking for a court order or decision of

fairness for the public at large

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CIVIL PROCEDURES –QUESTION 2

In a suit of equity, what might a judge issue, which is an order to stop an action?

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CIVIL PROCEDURES–ANSWER 2

• Injunction

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CIVIL PROCEDURES –QUESTION 3

What happens to most civil cases(how are they eventually resolved)?

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CIVIL PROCEDURES–ANSWER 3

• Most civil court cases are settled out of court.

• This usually occurs during the pleadings phase of the proceedings in which both sides discuss the important issues prior to a trial.

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CIVIL PROCEDURES –QUESTION 4

What are the two sides in a lawsuit?

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CIVIL PROCEDURES–ANSWER 4

• Defendant- person being sued

• Plaintiff- person making the complaint or doing the suing.

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CIVIL PROCEDURES –QUESTION 5

Two types of civil cases would be?

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CIVIL PROCEDURES–ANSWER 5

• Negligence and personal injury.

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FOUNDATIONS OF AMERICAN JUSTICE

SYSTEM–QUESTION 1When one is arrested in America, he/she

must be brought before a judge and told why they are being held. What is this basic legal right referred to as?

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FOUNDATIONS OF AMERICAN JUSTICE SYSTEM

–ANSWER 1

• Writ of Habeas Corpus

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FOUNDATIONS OF AMERICAN JUSTICE

SYSTEM–QUESTION 2The government must follow certain procedures to

ensure fair treatment of individuals before taking their life, liberty, or property. What do we call what must be followed prior to the taking of those natural rights?

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FOUNDATIONS OF AMERICAN JUSTICE SYSTEM

–ANSWER 2• Due Process of Law

• There may be different due processes of law for adults and juveniles but the processes established must be followed

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FOUNDATIONS OF AMERICAN JUSTICE

SYSTEM–QUESTION 3Each citizen charged with a felony crime in

America is given the right to an attorney. What court case upheld this right?

What are some of the other characteristics of the trial that must be upheld?

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FOUNDATIONS OF AMERICAN JUSTICE SYSTEM

–ANSWER 3

• Gideon v. Wainwright• Other characteristics

– Right to a trial by an impartial, unbiased jury.– Right to face and question your accusers– Right to see the evidence against you.

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FOUNDATIONS OF AMERICAN JUSTICE

SYSTEM–QUESTION 4If you did something prior to it being illegal,

you cannot be tried for committing a crime. What type of law would that be?

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FOUNDATIONS OF AMERICAN JUSTICE SYSTEM

–ANSWER 4

• Ex post facto law

• These are not legal in America

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FOUNDATIONS OF AMERICAN JUSTICE

SYSTEM–QUESTION 5In America one cannot be punished without

first having a trial. What term refers to this fact?

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FOUNDATIONS OF AMERICAN JUSTICE SYSTEM

–ANSWER 5• Bill of attainder

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