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Section 1-Main Idea

Guide to Reading

Big Idea

Throughout history, civilizations have developed systems of laws to meet their needs.

Section 1

• Functions of laws:

– Define what is and is not permissible

– Set punishments meant to discourage potential criminals

– Administration of justice through law enforcement agencies and courts

– Establish rules for settling disagreements over non-criminal matters

Functions of Laws (cont.)

Section 1

• Characteristics of good laws:

– Fair to everyone

– Reasonable punishments

– Understandable by the public

– Enforceable by community, state, or federal authorities

Functions of Laws (cont.)

Section 1

History of Law (cont.)

• The laws of early societies influence legal systems today.

• Earliest laws

– Unwritten ideas, traditions, and customs probably served as a kind of law for early societies

– Passed orally from generation to generation

Section 1

• Early systems of written law:

– Code of Hammurabi compiled by King of Babylonia, 1760 B.C.

– Ten Commandments of Hebrew Bible

– First code of Roman law published, 450 B.C.

History of Law (cont.)

Development of Legal Systems

Section 1

• Imperial expansion spreads Roman law through Europe, Africa, and Asia.

• Code of Justinian, A.D. 533:

History of Law (cont.)

– Basis for law in Byzantine Empire

– Becomes part of canon laws of Roman Catholic Church

– Updated by Napoleon in Napoleonic Code

Section 1

• English system of common law:

– Most important source of American law

– Begins to take shape after Norman Conquest of England

– Law based on precedents established by court decisions rather than a legal code

History of Law (cont.)

Section 1

– English common law incorporates Roman and canon law

– Basic principles of individual rights evolve

– Statutes come to dominate system, common law still significant

– Brought to North America in 1600s and 1700s by English settlers

History of Law (cont.)

Section 1

Do you agree that legal systems based on common law are fairer than systems based on a legal code?

A. Agree

B. Disagree A. A

B. B0%0%

Section 2

Criminal and Civil Law

Criminal laws help maintain a peaceful and orderly society, while civil laws involve disputes between people or groups.

Section 2

Criminal and Civil Law (cont.)

• Two types of law directly affect Americans—criminal law and civil law.

Section 2

• Criminal law:

– To prevent people from deliberately or recklessly harming one another or one another’s property

– Government always the plaintiff

– Accused individual or groups are defendants

Criminal and Civil Law (cont.)

Section 2

– Based on idea that society is a victim when a crime is committed

– 95 percent of U.S. criminal trials are for violations of state laws.

– Titling of cases: state v. defendant

Criminal and Civil Law (cont.)

Section 2

• It is an adversary system:

– Lawyers for opposing sides present their strongest case

– Judge has impartial role

– System has critics and defenders

Criminal and Civil Law (cont.)

Section 2

• Classification of crimes:

– Felonies are more serious crimes, such as murder.

– Misdemeanors are minor infractions, such as vandalism.

Criminal and Civil Law (cont.)

Section 2

• Crimes against property most common:

– Property is destroyed, such as arson or vandalism

– Property is taken against owner’s will, such as larceny, robbery, burglary

Criminal and Civil Law (cont.)

Section 2

• Civil Law:

– Disputes between people or groups

– No criminal laws have been broken

– Not viewed as threat to society

– When a civil case goes to court, it is called a lawsuit.

– In lawsuits, the plaintiff sues to collect damages for some harm done by the defendant

Criminal and Civil Law (cont.)

Section 2

• Civil cases might involve:

– Contracts

– Torts

– Family law

Criminal and Civil Law (cont.)

Section 2

• Champions of legal rights:

– John Peter Zenger (libel and freedom of the press)

– Ida Wells-Barnett (civil rights)

Criminal and Civil Law (cont.)

Section 2

Other Types of Law

Laws protect your rights and enforce rules and statutes.

Section 2

Other Types of Law (cont.)

• The laws that govern our lives and protect our rights come from many sources

• Constitutional law

– Cases that concern the limits of government power and the rights of the individual

– Comes from U.S. Constitution

Section 2

• Other sources:

– State constitutions

– Administrative agencies

– Lawmaking bodies

Other Types of Law (cont.)

Section 2

• Administrative law:

– Rules and regulations made by executive branch and its agencies

Other Types of Law (cont.)

• Statutory law:

– Statutes, or laws written by a legislative branch of government

Section 3

Protections in the U.S. Constitution (cont.)

• Americans have both basic legal rights and responsibilities.

• Separation of powers in U.S. Constitution:

– Legislative branch makes law

– Executive branch enforces law

– Judicial branch interprets law

Section 3

• Basis of judicial branch interpretation:

– Written laws

– Judicial precedents

– Stare decisis: “let the decision stand”

Protections in the U.S. Constitution (cont.)

Section 3

• Sources of Americans’ basic legal rights:

– Article I of the U.S. Constitution

– Constitutional Amendments

Protections in the U.S. Constitution (cont.)

Constitutional Rights of the Accused

Section 3

• Article I:

– Provides for writ of habeas corpus

– Forbids bills of attainder and ex post facto laws

Protections in the U.S. Constitution (cont.)

Section 3

• Constitutional Amendments:

– Bill of Rights

– Requirement of equal protection in 14th Amendment

– Due process of law mandated in 5th and 14th Amendments

Protections in the U.S. Constitution (cont.)

Section 3

Guaranteed Rights of Those Accused

The U.S. Constitution includes several protections for Americans accused of a crime.

Section 3

Guaranteed Rights of Those Accused

(cont.)• The U.S. Constitution includes rights that

protect citizens accused of crimes.

• Accused are presumed innocent until proven guilty in a court of law.

Section 3

• Fourth Amendment:

– Protects citizens against “unreasonable searches and seizures”

– Gives Americans right to be secure in their homes and property

– Requires search warrants and probable cause

– Mapp v. Ohio and the “exclusionary rule”

Guaranteed Rights of Those Accused

(cont.)

Vocab1

common law

a system of law based on precedent and customs

Vocab2

precedent

a ruling that is used as the basis for a judicial decision in a later, similar case

Vocab3

statute

a law written by a legislative branch

Vocab4

potential

capable of being or becoming

Vocab5

resolve

to find a solution or reach a decision

Vocab6

tradition

a way of thinking or acting that is long established

Vocab7

plaintiff

a person or party filing a lawsuit

Vocab8

defendant

an individual or group being sued or charged with a crime

Vocab9

felony

a serious crime such as murder, rape, kidnapping, or robbery

Vocab10

misdemeanor

a relatively minor offense such as vandalism or stealing inexpensive items

Vocab11

larceny

the unlawful taking away of another person’s property with the intent never to return it

Vocab12

robbery

the taking of property from a person’s possession by using force or threats

Vocab13

burglary

unlawful entry into any dwelling or structure

Vocab14

lawsuit

a legal action in which a person or group sues to collect damages for some harm that is done

Vocab15

torts

wrongful acts for which an injured party has the right to sue

Vocab16

libel

written untruths that are harmful to someone’s reputation

Vocab17

constitutional law

branch of law dealing with formation, construction, and interpretation of constitutions

Vocab18

prohibition

an order forbidding something

Vocab19

recover

to regain or reclaim

Vocab20

stare decisis

the practice of using earlier judicial rulings as a basis for deciding cases

Vocab21

writ of habeas corpus

a court order that requires police to bring a prisoner to court to explain why they are holding the person

Vocab22

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

Vocab23

ex post facto law

a law that would allow a person to be punished for an action that was not against the law when it was committed

Vocab24

due process of law

procedures established by law and guaranteed by the Constitution

Vocab25

search warrant

a court order allowing law enforcement officers to search a suspect’s home or business and take specific items as evidence

Vocab26

double jeopardy

putting someone on trial for a crime of which he or she was previously acquitted

Vocab27

grand jury

a group of citizens that decides whether there is sufficient evidence to accuse someone of a crime

Vocab28

plea bargaining

negotiation between the defense attorney and the prosecutor

Vocab29

bail

a sum of money used as a security deposit to ensure that an accused person returns for his or her trial

Vocab30

interpret

to explain or translate

Vocab31

factor

an element contributing to a result

Vocab32

presume

to assume or suppose to be true

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