AMERICAN CIVILIZATION

SEMINAR FOURTHE LEGAL SYSTEM

REVIEW QUESTIONS

What is the official form of government of the U.S.?

What do Montesquieau, the Iroquois, and the Polish have to do with the U.S. Constitution?

What shows that the Founding Fathers did not trust the average person?

REVIEW QUESTIONS What are the basic principles of the U.S.

Constitution? What type of checks and balances does

the following represent, who is checked by whom?

Impeachment Advise and consent Pocket veto Judicial review Overriding a veto

REVIEW QUESTIONS

Which of these powers are not assigned to the President?

Chief executive Commander in chief He can declare war He can negotiate treaties

THE LEGAL SYSTEM It is based upon Common Law Stare decisis, case law, judge made law Basic principle: innocent until proven

guilty—presumption of innocence Criminal code, civil code Civil cases involve torts, breach of

contract Equity– correction of a legal wrong Injunction, restraining order

LEGAL SYSTEM

Foundations: Article Three There will be one Supreme Court U.S. Supreme Court: 9 justices, 8 associate, 1

chief justice. Today: John Roberts chief justice

Federal court system: District Court—Courts of Appeal-Supreme Court

State court system: Criminal or Civilian Court—State Court of Appeal—State Supreme Court

THE BILL OF RIGHTS Fourth Amendment:Protection against unreasonable search and

seizure—warrants are neededFifth Amendment: protection against double

jeopardy (Ashley Judd), self-incriminationSixth Amendment: The right to legal counselGideon v. VainwrightEight Amendment: Protection against cruel

and unusual punishment, does not include the death penalty

CAPITAL PUNISHMENT Issues in the legal system: debate

over capital punishment 37 states have capital punishment

Contra: not a deterrent, legalized murder, prohibited by Bible, brutalizes public

Pro: society must be protected, right for retribution

BILL OF RIGHTS EXERCISE

http://www.utb.edu/vpaa/cce/Documents/Celebrate%20Freedom%20Week/newdocs/Bill%20of%20Rights%20MSandHS.pdf