The Florida Law Related Education Association, Inc. © 2015

Benchmarks

SS.7.C.3.10

Identify sources and types (civil, criminal, constitutional,

military) of law.

Seeking the

Source Identifying sources

and types of law.

Historical Law Codes

The Code of Hammurabi

Cyrus Cylinder Magna Carta

Has been called “the first declaration of human rights.” Established the “rule of law”; no

one is above the law and all must follow the law.

One of the oldest collection of laws (282 laws), dating back to the 18th century B.C.

That’s over 3500 years old!

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The Story of Human Rights

Watch until 3:32

Video produced by United for Human Rights.

The Florida Law Related Education Association, Inc. © 2015

WHERE DO WE FIND OUR

LAWS?

U.S. and Florida Constitutions

Federal and State Statutes Local ordinances too!

http://www.leg.state.fl.us/statutes/

The Hierarchy of Law

City and County

Ordinances

State Statutes

(laws)

Florida

Constitution

Acts of

Congress

United States

Constitution

The U.S. Constitution

is the “Supreme Law

of the Land.”

Common Law

• Common law

– Developed over hundreds of years in England and the United States, and refers to legal customs, traditions, and principles created and established by the courts.

Case Law

• For example:

– Student speech in school that is not disruptive to the educational environment is protected under the First Amendment according to Tinker v. Des Moines Independent Community School District

• Case law

– The law as established in previous court decisions; case precedent .

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TYPES OF LAW

Civil ~ Criminal~ Constitutional~ Military ~ Juvenile

Civil Law

In a civil case the plaintiff

must convince the jury by a "preponderance of the evidence" (i.e., that it is more likely than not)

that the defendant is responsible for the harm the plaintiff has suffered.

A civil case involves a legal dispute

between two or more parties.

The plaintiff is the private party

filing the suit.

The defendantis the party the

suit is being filed against.

Criminal Law

• Addresses cases that are criminal in nature as defined by federal and state statutes.

• Criminal offenses are divided into :

MisdemeanorsLess serious offenses

Felonies More serious offenses

Criminal Law

In a criminal case the prosecution

must convince the jury “beyond a reasonable doubt"

that the defendant is guilty of the crime.

In a criminal case, the government, or

“the state,” is bringing the charges

against someone accused of a crime .

The prosecutionis the

government (federal

government, State of Florida).

The defendantis the

person(s) accused of a

misdemeanor or felony.

Govn’t

Constitutional Law

• Deals with the interpretation and application of the U.S. Constitution and state constitutions.

• Addresses relationships among the states, the states and federal government, the branches of government, and the rights of the individual.

Military Law

• Uniform Code of Military Justice is found in the United States Code.

• Applies to all members of the Uniformed services of the United States.

• If a crime violates both military and state civilian law, it may be tried by a military court, a civilian court or both.

Juvenile Law

• Under Florida law, generally a person is a juvenile until reaching the age of 18.

• Juveniles are charged under the same laws as adults, but have separate juvenile courts that handle their cases. – There are also laws that juveniles can be

charged under that do not apply to adults. For example, violation of juvenile curfews, minor in possession of a firearm (with exceptions, i.e. hunting), etc.

Juvenile Law

• When a juvenile is caught breaking the law, they enter the juvenile justice system

• Click the image below to visit the interactive map provided by the Florida Department of Juvenile Justice.

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REPORTS ON COURTS

Courts in the News

Reports on Courts

• You will be reviewing news reports about cases in the courts.

Using what you know about the federal and state courts, can you identify if the case is taking place in state or federal court?

You will need to decide if the case is a matter of civil, criminal, military, constitutional, or juvenile law.

The Florida Law Related Education Association, Inc. © 2015

KEY WEST, Fla. — A judge on Tuesday struck down as unconstitutional a Florida law that required welfare applicants to undergo mandatory drug testing, setting the stage for a legal battle that could affect similar efforts nationwide.

Judge Mary S. Scriven of the United States District Court in Orlando held that the testing requirement violated the protection against unreasonable searches.

Constitutional Law, Federal Court

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HN Martinez pleads guilty to violating an order, wrongful abuse of a controlled substance, unauthorized absence, and wrongful appropriation of military property. On March 11, the military judge sentenced him to reduction in rank to paygrade E-2, forfeit $800 pay per month for five months, and confinement for 165 days.

At special court-martial – Sailor pleads guilty to chargesMayport, FLA

Military Law,

Military Court

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Criminal Law, State Court

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Juvenile Law, State Court

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Civil Law,

Federal Court

Checking for Understanding