Warm upWarm up

Today we begin our unit on the Judicial Branch. A primary purpose of the U.S. court system is to ensure equal justice under the law. In your opinion, does our justice system accomplish this?

The American The American Judicial SystemJudicial System

Today we will…Today we will…

ObjectivesObjectives Explore the meaning Explore the meaning

of “justice”.of “justice”. Introduce the Introduce the

American justice American justice system.system.

Differentiate between Differentiate between criminal and civil law.criminal and civil law.

AgendaAgenda 1. Matt & Luther1. Matt & Luther Slides/notesSlides/notes ClosureClosure

The Legal SystemThe Legal System

The legal system is supposed to The legal system is supposed to serve justice.serve justice.

But how do we define justice?But how do we define justice?

Justice is …Justice is …

1.1. FairnessFairness

2.2. Rightness or correctnessRightness or correctness

3.3. Fair dealingFair dealing

4.4. Administration of the lawAdministration of the law

Problems & WeaknessesProblems & Weaknesses

Corrupt?Corrupt?

Innocent until proven Innocent until proven

guilty?guilty?

Prison overcrowding?Prison overcrowding?

Court appointed Court appointed

attorneys?attorneys?

““Buying” justice?Buying” justice?

Matt & LutherMatt & Luther

With a partner or individual:With a partner or individual:

Read the story of Matt & Luther.Read the story of Matt & Luther.

Answer the questions together.Answer the questions together.

Be ready to share your answers with the Be ready to share your answers with the

class.class.

Principles of Principles of Our Legal SystemOur Legal System

Equal Justice Under the LawEqual Justice Under the Law

Goal of American Goal of American

justice system is to justice system is to

treat all persons treat all persons

alikealike

Every person has Every person has

the same rights the same rights

granted under the granted under the

ConstitutionConstitution

Due Process of LawDue Process of Law

Every law must be applied in a fair Every law must be applied in a fair

mannermanner

Cases involving a law that is thought to be Cases involving a law that is thought to be

unreasonable fall under unreasonable fall under substantive due substantive due

processprocess

Cases about the way a law is administered Cases about the way a law is administered

involves involves procedural due processprocedural due process

Adversary SystemAdversary System

Courtroom is an arena Courtroom is an arena

where lawyers for opposing where lawyers for opposing

sides try to present the sides try to present the

strongest casestrongest case

Judge plays an impartial role Judge plays an impartial role

like a refereelike a referee

Presumption of EvidencePresumption of Evidence

Everyone is thought to be innocent Everyone is thought to be innocent

until evidence proves guiltuntil evidence proves guilt

Not mentioned in the Constitution but Not mentioned in the Constitution but

deeply rooted in English legal heritagedeeply rooted in English legal heritage

Burden of proving guilt falls on the Burden of proving guilt falls on the

prosecutionprosecution

The Burden of ProofThe Burden of Proof

Guilt must be proven:Guilt must be proven:

““Beyond a reasonable doubt” Beyond a reasonable doubt”

standard in criminal cases (100%)standard in criminal cases (100%)

““Preponderance of the evidence” Preponderance of the evidence”

standard in civil cases (+50%)standard in civil cases (+50%)

The LawThe Law

What is the “Law”?What is the “Law”?

Justice System follows & enforces the Justice System follows & enforces the

“law”“law”

Law is a set of rules and regulations Law is a set of rules and regulations

made and enforced by the made and enforced by the

government to regulate the conduct government to regulate the conduct

of people in societyof people in society

Where Does the Law Come From?Where Does the Law Come From?

1.1. Moral Values Moral Values – What society – What society

thinks is right & wrongthinks is right & wrong

2.2. Economic Values Economic Values – Accumulation, – Accumulation,

preservation, use & distribution of preservation, use & distribution of

wealthwealth

3.3. Political Values Political Values – Relationship – Relationship

between government & individualsbetween government & individuals

Types of LawTypes of Law

1. Criminal1. Criminal

Legal action brought Legal action brought

by the government by the government

against a person against a person

charged with charged with

committing a crimecommitting a crime

Penalties include fines, Penalties include fines,

imprisonment or imprisonment or

probation/supervisionprobation/supervision

Levels of CrimeLevels of Crime

Misdemeanor – Fine or imprisonment Misdemeanor – Fine or imprisonment

for less than 1 yearfor less than 1 year

Felony – Imprisonment for more than Felony – Imprisonment for more than

1 year1 year

2. Civil2. Civil

Legal action brought by Legal action brought by

1 person against 1 person against

another person for another person for

some wrongsome wrong

Penalties include money Penalties include money

damages or order by damages or order by

judge requiring wrong judge requiring wrong

doer to stop doing doer to stop doing

somethingsomething

Civil or Criminal?Civil or Criminal?

For each of the crimes decide For each of the crimes decide

whether the action or wrongdoing whether the action or wrongdoing

would fall under civil or criminal law. would fall under civil or criminal law.

Write Write civilcivil or or criminalcriminal in the space in the space

provided. provided.