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Splash Screen. Chapter Focus Section 1 Sources of American Law Section 2 Civil Law Section 3 Criminal Law Chapter Assessment. Contents. Why It’s Important. Chapter Objectives. Sources of American Law Discuss the major foundations and principles of the American legal system.

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  1. Splash Screen

  2. Chapter Focus Section 1 Sources of American Law Section 2 Civil Law Section 3 Criminal Law Chapter Assessment Contents

  3. Why It’s Important

  4. Chapter Objectives • Sources of American Law Discuss the major foundations and principles of the American legal system. • Civil Law Explain the various types of civil law and the steps involved in resolving a civil dispute. • Criminal Law Classify types of crimes and outline the steps followed in most criminal cases. Chapter Objectives

  5. End of Chapter Focus

  6. Sources of American Law • Key Terms • law, constitutional law, statute, ordinance, statutory law, administrative law, common law, equity, due process, substantive due process, procedural due process, adversary system, presumed innocence • Find Out • • What are the four major sources of law in the United States? • • How do the key principles of the legal system provide justice for citizens? Section 1 Introduction-1

  7. Sources of American Law • Understanding Concepts • Civic ParticipationWhy is understanding the law an important civic responsibility? • Section Objective • Discuss the major foundations and principles of the American legal system. Section 1 Introduction-2

  8. Justice in the United States is said to be blind. Why? Because in the U.S. legal system, the courts view everyone in the same way. Cartoons often show justice as a young, blindfolded woman who holds an equally balanced scale to weigh evidence. Section 1-1

  9. I. Early Systems of Law (pages 423–424) • A. The Code of Hammurabi is a collection of laws assembled by Hammurabi, king of Babylon from 1792 to 1750 B.C. • B. The Ten Commandments are rules found in the Old Testament of the Bible, the source of law for people of several major religions. Section 1-2

  10. I. Early Systems of Law (pages 423–424) What was the Code of Hammurabi made up of? The code was made up of 282 legal cases that spelled out relationships among individuals as well as punishments in areas that are now considered property law, family law, civil law, and criminal law. Section 1-3

  11. II. Our Legal Heritage (pages 424–426) • A.Constitutional Law: • 1. is the fundamental source of U.S. law; is the supreme law of the land; applies to everyone. • 2. follows from state constitutions (adopted 1776 to 1780); decides the limits of government’s power and the rights of the individual; may deal with either criminal or civil law. Section 1-4

  12. II. Our Legal Heritage (pages 424–426) • B.Statutory Law: • 1. is written by a legislative branch of government; • 2. limits people’s behavior but also grants rights and benefits; • 3. comprises many federal court decisions and about one-fifth of all Supreme Court cases; • 4. is sometimes called Roman law, since like laws of ancient Rome, statutory law is written down so that all may know the law. Section 1-5

  13. II. Our Legal Heritage (pages 424–426) • C.Administrative Law: • 1. spells out the authority and procedures to be followed by federal agencies; • 2. sets rules and regulations issued by those agencies. • D.The Common Law: • 1. is the most important basis of the legal system; is made by judges in the process of settling individual cases; began in England and then spread to the colonies. • 2. is the basis for state constitutions and the U.S. Constitution. Section 1-6

  14. II. Our Legal Heritage (pages 424–426) Except in Louisiana, where legal procedures are based on the Napoleonic Code, most states still follow common law. Why did common law become a part of the American system of laws? English colonists brought common law with them to America. Section 1-7

  15. III. Legal System Principles (pages 427–428) • A. Equal justice under the law refers to the goal of the American court system to treat all persons alike and grant them the full protection of the law. • B.Due process of law guarantees constitutional rights and requires that persons be informed of pending government legal action and then given the right to respond or be heard. Section 1-8

  16. III. Legal System Principles (pages 427–428) • C. The adversary system in American courts allows lawyers for opposing sides to present their strongest cases. • D.Presumption of innocence means persons accused of crimes are presumed innocent until proven guilty; the burden of proof falls on the prosecution. Section 1-8

  17. III. Legal System Principles (pages 427–428) Which of the four principles that underlie the operation of the American legal system do you think is the most important? Answers will vary among equal justice, due process, adversary system, and presumption of innocence. Section 1-9

  18. Checking for Understanding • 1. Main Idea In a graphic organizer, identify the major sources of American law and the key principles of the American legal system. • Sources: United States Constitution, statutory law, administrative law, common law; principles: rule of law, equal justice under the law, due process, adversary system, presumed innocence. Section 1 Assessment-1

  19. Checking for Understanding • A. a system of rules by which disputes are resolved on the grounds of fairness • B. law made by the judges in the process of individual cases • C. a judicial system in which opposing lawyers present their strongest cases • D. a law written by a legislative branch • E. set of rules and standards by which a society governs itself • F. a law Match the term with the correct definition. • ___ law • ___ statute • ___ ordinance • ___ equity • ___ adversary system • ___ common law • E • D • F • A • C • B Section 1 Assessment-2

  20. Checking for Understanding • 3. Identify Code of Hammurabi, Justinian Code, precedent, “equal justice under the law.” • The Code of Hammurabi was a collection of laws assembled by Hammurabi, king of Babylon. • The Justinian Code was the Roman legal code organized by the Roman emperor Justinian. • A precedent is a model on which to base later decisions or actions. • “Equal justice under the law” refers to the goal of the American court system to treat all persons equally. Section 1 Assessment-3

  21. Critical Thinking • 4. Identifying Alternatives Permitting rental agencies to refuse to rent apartments to families with children would violate what kind of due process? • As an unreasonable regulation, it would violate substantive due process. Section 1 Assessment-4

  22. Civic Participation Laws affect nearly everything people do. Laws change to meet the needs of the times. Work with a partner to either brainstorm new laws or identify laws that should be repealed. Create and present a skit showing a situation that requires a new law to be established or an existing law to be repealed. Section 1 Concepts in Action

  23. End of Section 1

  24. Civil Law • Key Terms • civil law, contract, expressed contract, implied contract, real property, personal property, mortgage, tort, plaintiff, defendant, injunction, complaint, summons, answer, discovery, mediation, affidavit • Find Out • • What are the various types of civil law that affect people today? • • What are the steps in a civil law case? Section 2 Introduction-1

  25. Civil Law • Understanding Concepts • Political ProcessesHow does the legal system attempt to provide justice for all? • Section Objective • Explain the various types of civil law and the steps involved in resolving a civil dispute. Section 2 Introduction-2

  26. Justice David J. Brewer once stated, “America is the paradise of lawyers.” There are more lawyers in the United States than in any other country. In 1998, approximately 912,000 lawyers practiced in the United States, mostly in civil law. Section 2-1

  27. I. Types of Civil Law (pages 430–432) • A.Civil law, which concerns disputes between two or more individuals or between individuals and government, makes up about 90 percent of the cases heard in state courts. • B. Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort). • C. Contract law involves a contract, or a set of enforceable voluntary promises. Section 2-2

  28. I. Types of Civil Law (pages 430–432) • D. Property law deals with the use and ownership of property. • E. Family law deals with relationships among family members—marriage, divorce, and child custody. • F. Civil wrongs, or torts, deal with any wrongful act for which the injured party has the right to sue for damages in a civil court. • G. Equity law settles disputes on the grounds of fairness. Section 2-3

  29. I. Types of Civil Law (pages 430–432) What is civil law, and what are the four most common kinds of civil law cases? Civil law settles disputes between people. Contract, property, family, and tort cases. Section 2-4

  30. II. Steps in a Civil Case (pages 433–434) • A. In a civil case, called a lawsuit, a plaintiff seeks damages, usually an award of money, from the defendant. • B. To begin, the plaintiff usually hires a lawyer, either on a contingency fee, usually one-fifth to one-half of the total award, or for an hourly fee. • C. Most lawsuits go to state courts; the plaintiff sets forth the charges against the defendant in a complaint. Section 2-5

  31. II. Steps in a Civil Case (pages 433–434) • D. During discovery, each side prepares for the trial by checking facts and gathering evidence. • E. About 90 percent of civil lawsuits are settled before trial, using several settlement techniques. • F. If all else fails, the civil lawsuit goes to trial, in which procedures are similar to those in criminal trials; civil lawsuits are tried by a jury or a judge, who decides the verdict. • G. When the plaintiff wins, the court awards damages; however, if the defendant refuses to pay, the plaintiff must get a court order to enforce payment. Section 2-6

  32. II. Steps in a Civil Case (pages 433–434) Some people think that limitations should be placed on damage awards in civil cases. What would be some advantages and disadvantages of doing this? Answers will vary. Students should address the effects of limiting damage awards. Section 2-7

  33. III. Small Claims Courts (pages 434–435) • A. Most states provide an alternative to lengthy civil trials by setting up small claims courts. • B. Small claims courts hear civil cases dealing with collecting small debts, property damage, small business problems, and the like. • C. Small claims court cases are usually heard by a judge and involve maximum claims of $1,000 to $5,000, depending on the state; the judge’s decision is legally binding. Section 2-8

  34. III. Small Claims Courts (pages 434–435) Why are small claims courts an important part of the civil justice system? These courts provide a quick and simple way to solve minor disputes. Section 2-9

  35. Checking for Understanding • 1. Main Idea Use a graphic organizer like the one below to show the five steps in a civil lawsuit. • 1. hiring a lawyer; 2. complaint; 3. discovery; 4. trial; 5. award Section 2 Assessment-1

  36. Checking for Understanding • A. a set of voluntary promises, enforceable by the law, between two or more parties • B. a wrongful act, other than breach of contract, for which an injured party has the right to sue • C. relating to disputes among two or more individuals or between individuals and the government • D. a contract in which the terms are not specifically stated but can be inferred from the actions of the people involved and the circumstances • E. a written statement to prove statements as fact signed by a witness under oath • F. a contract in which the terms are specifically stated, usually in writing Match the term with the correct definition. • ___ civil law • ___ contract • ___ expressed contract • ___ implied contract • ___ tort • ___ affidavit • C • A • F • D • B • E Section 2 Assessment-2

  37. Checking for Understanding • 3. Identify Fair Housing Act. • The Fair Housing Act is a federal law that aims to protect people against discrimination on the basis of race, religion, color, national origin, or gender when they try to buy a home or obtain a loan. Section 2 Assessment-3

  38. Checking for Understanding • 4. What do four of the most important branches of civil law deal with? • Contracts, property, family relations, and torts Section 2 Assessment-4

  39. Checking for Understanding • 5. What is the difference between intentional tort and negligence tort? • An intentional tort involves a deliberate act that results in harm to a person or property; negligence involves careless or reckless behavior in which a person fails to do something that a reasonable person would have done. Section 2 Assessment-5

  40. Critical Thinking • 6. Drawing Conclusions In your opinion should mediation and arbitration be used to settle most civil lawsuits in order to prevent overburdening the court system? • Answers will vary. Students may be in general agreement in favoring resolutions without trials but some students may stress that going to trial should remain an option. Section 2 Assessment-6

  41. Political Processes Interview relatives or a neighbor who has been involved in a lawsuit or in small claims court. Find out the nature of the dispute and the way the lawsuit was resolved. Make sure you get the individual’s permission before discussing the case in class. Present a brief documentary of your findings to the class. Section 2 Concepts in Action

  42. End of Section 2

  43. Criminal Law • Key Terms • criminal law, criminal justice system, petty offense, misdemeanor, felony, arrest warrant, grand jury, indictment, information, plea bargaining, jury, verdict, hung jury, sentence • Find Out • • How are the types of crime identified according to severity? • • What are the main steps in a criminal case? Section 3 Introduction-1

  44. Criminal Law • Understanding Concepts • Political ProcessesHow does the criminal justice system attempt to balance the rights of the accused and the rights of society? • Section Objective • Classify types of crimes and outline the steps followed in criminal cases. Section 3 Introduction-2

  45. During the 1970s and 1980s, serious crimes in the United States, such as murder, arson, and burglary, increased alarmingly, especially in large cities. Many people felt threatened by the growing violence. By the late 1990s, however, the crime rate had decreased dramatically. Tougher law enforcement, more police, neighborhood patrols, and a crackdown on drug dealers helped bring about this remarkable change. Section 3-1

  46. I. Types of Crime (pages 437–438) • A. Most crimes committed in the United States break state laws; each state has its own penal code, or written laws that spell out crimes and punishments. • B. Crimes may be petty offenses, misdemeanors, or felonies. • C. Petty offenses are minor, like illegal parking; misdemeanors are more serious crimes like vandalism; felonies are serious criminal acts like murder, robbery, or kidnapping. Section 3-2

  47. I. Types of Crime (pages 437–438) Section 3-3

  48. I. Types of Crime (pages 437–438) In recent years the number of serious crimes committed in the United States has dropped. Do you think this trend will continue? Explain. Answers will vary. Discuss local efforts to combat serious crime. Section 3-4

  49. II. Steps in Criminal Cases (pages 438–443) • A. The prosecutor, or government lawyer responsible for bringing a criminal charge, must prove beyond a reasonable doubt to a judge or jury that the defendant violated the law. • B. Criminal cases begin when police gather enough evidence to convince a judge to issue an arrest warrant. • C. The arrested person is taken to a police station, the charges are recorded, and the suspect may be fingerprinted and photographed. Section 3-5

  50. II. Steps in Criminal Cases (pages 438–443) • D. The arrested person is brought before a judge as quickly as possible to be formally charged with a crime; if the case is a misdemeanor, the person may plead guilty or not guilty. • E. Cases may then go to a grand jury, which determines whether there is enough evidence to put the accused person on trial, or to a preliminary hearing before a judge for the same purpose. Section 3-6

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