What are the above pictures? Despite being thousands of years old, both

are still important to us today. Why do you think that is?

What is the difference between a moral law and a legal law?

The Law and the Individual

Unit VII

Sources of Our Laws

What are laws? Set of rules that help people live together

What should laws do? Major purpose is to keep the peace and

prevent violent acts Provide rules for resolving disagreements

between groups or individuals

What makes a good law? Fairness – all people treated equally Reasonable – punishment fits the crime Understandable – laws are not to

complicated for people to be able to follow Enforceable – laws can be monitored and

carried out by communities, state or federal authorities

Where do our laws come from? Based on ideas,

customs, and laws passed down from generations

History of Law Code of Hammurabi

First known written legal system

Around 2000 BCE Harsh penalties based

on principle of “an eye for an eye”

The Ten Commandments Found in the Hebrew Bible Around 1200 BCE

The Ten Commandments

Roman Law Written by the Roman Senate and Judges –

representatives of the citizens Justinian Code – Around 600 CE

Byzantine Emperor Justinian organized Roman law which influenced Catholic Church Napoleonic Code

English Common Law Established by Court Decisions rather

than legal code Based on precedents – previous decisions that

are examples to follow Makes the law consistent and fair

Burden of Proof In any court case, the burden of proof is on

the prosecution. i.e. Prosecution must prove beyond any doubt

that the defendant is guilty of their crime

Criminal Law Cases in which the state or federal

government charges someone with a crime

Misdemeanors A relatively minor offense Examples – minor vandalism, stealing

inexpensive items

Felonies A serious crime Examples: murder, rape, kidnapping,

robbery

Civil Law When a person or group takes a legal

action against another person or group

Lawsuit When a person or group sues to collect

damages

Tort Law – someone believes that an injury or loss is due to someone else’s negligence

Family Law – child custody, child support, divorce, alimony

Types of Laws Constitutional Law – deals with the formation,

construction and interpretation of the Constitution Highest law in the country

Administrative Law Rules and regulations that the Executive Branch

makes to carry out its job.

Statutory Law Statute – written law by a legislature

Regulate behavior Source of rights and benefits

Identify Each of the Following as A) Statutory LawB) Constitutional LawC) Administrative Law

The US Postal Service increases the price of a stamp to 60 cents

The right to get your drivers license when you turn 16

The right to remain silent when accused of a crime

C

A

B

Warm-Up What were the 4 influences on American

law?

Steps to a civil case1. Plaintiffs attorney files a complaint2. Court sends a summons to defendant3. Defendant’s attorney files a written

answer4. Attorneys for both sides exchange plea

documents5. Attorneys argue case in court6. Court gives verdict

Steps to a Criminal Case

1. Arrest

Preliminary Hearing Suspect appears before judge and bail

is set

Indictment Grand Jury (or judge) hears evidence

and formally charges

Arraignment Defendant pleads not guilty and trial date is

set

Defendant pleads guilty and accepts plea bargain – conviction of lesser charge for softer sentence

Trial Prosecution and Defense present case Jury (or judge) reaches verdict

Acquittal Defendant found not guilty

Sentencing Defendant found guilty and judge

sentences (punishes)

Two Options Create a comic strip that illustrates the

steps to a criminal case and a civil case OR

Write your own episode of Law & Order (or any police show you have watched). Include all the steps of either a criminal or a civil case in you narrative. DETAIL IS IMPORTANT.

Conclusion

Why do most people voluntarily comply (follow along) with the

law?

How are Juvenile cases handled in NC?

Juvenile –

in most states anyone under the age of

18 Juvenile Delinquent –

young people who commit crimes Purpose of the Juvenile Court System =

Rehabilitate

Two Types of Cases Neglect

Juveniles whose caregivers neglect or abuse them

Delinquency

Cases involving juveniles who commit crimes

Differences between juveniles and adult justice?

No juries only a judge Closed to the public Identities are kept secret

Not fingerprinted Not photographed

If juvenile completes probation then charges are dropped and removed from record

Other Court Officials Clerk of Superior Court Records wills and handles foreclosures

(selling some ones property to pay debts)

MagistratesIssues search and arrest warrants, issues

arraignments (charges) District Attorney Represents state in all criminal cases