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LAW

LAW. SOURCES OF LAW LAW CRIMINAL LAW-TYPES OF CRIME THE AMERICAN LEGAL SYSTEM CIVIL CASES CRIMINAL CASES JUVENILE CASES. SOURCES OF LAW. Code of Hammurabi – 1760 B.C. Babylonian King; based on an eye for an eye.

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LAW

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  1. LAW

    SOURCES OF LAW LAW CRIMINAL LAW-TYPES OF CRIME THE AMERICAN LEGAL SYSTEM CIVIL CASES CRIMINAL CASES JUVENILE CASES
  2. SOURCES OF LAW Code of Hammurabi – 1760 B.C. Babylonian King; based on an eye for an eye. Roman Law – 450 B.C. – evolved into the Justinian Code – these laws became basis for Canon Law (Roman Catholic Church). Eventually updated by Napoleon (Napoleonic Code). English Law – based on common law. Precedents used to establish consistency in court rulings.
  3. Social Norms – shared expectations of behavior placed on persons by a social group. Laws – rules & regulations that define the rights & obligations of citizens of a state or nation. Societies need laws for protection & order. Components of Good Laws Fair – equal treatment Reasonable – punishment fits the crime Understandable – not too complicated. Enforceable – government can enforce, people will obey. NEED for LAW
  4. Types of Law Constitutional Law – involves rights guaranteed by the Constitution, or spelled out by Congressional Legislation. Administrative Law – rules & regulations that government agencies of the executive branch must issue to carry out duties. Statutory Law – laws that regulate behavior. International Law – involves military & diplomatic treaties, trade regulations, and international agreements.
  5. Criminal Law – laws that seek to prevent people from deliberately or recklessly harming each other or other’s property. Felony – serious crime, punishable by possible prison sentence. Misdemeanor – less serious crime, usually punishable by a small fine. Civil Law – involves disputes between people or groups of people. Lawsuit – legal action in which a person sues to collect damages for harm. CRIMINAL LAW
  6. Types of Crime Predatory Crime – victimizing a person or their property. Illegal Service Crime – involves a relationship between a buyer and a seller, and an illegal product or service. Public Disorder Crime – crime that legal in private, but in public. Crimes of Negligence – careless, thoughtless behavior. White Collar Crime – crime that is committed usually on the job, and by a respectable member of the community.
  7. THE AMERICAN LEGAL SYSTEM Law & Precedents –Courts use previous court rulings and law as basis for rulings. (Stare Decisis) – “let the decision stand” Protections of Legal Rights Writ of Habeas Corpus – person must be brought to court and explain why suspect is being held. Bills of Attainder – may not pass laws that deny a person of the right to trial by jury. Ex Post Facto Laws – cannot be punished for an act that is not against the law at time of action. 4th Amendment – Search & Seizure 5th Amendment – Rights of the Accused 6th Amendment – Rights to a Jury Trial 8th Amendment – Cruel & Unusual Punishment 14th Amendment – Equal Protection of the Law
  8. CIVIL CASES STEPS IN A CIVIL CASE Complaint – plaintiff/defendant, describes suit. Summons – sent by court to defendant. Discovery – find evidence in the case by both the defendant and the plaintiff. Settlement – either side has a chance to settle the issue before going to court, or use an arbitrator. (Most cases decided before court) Trial – Right to a jury, most decided by judge. Appeal – if defendant loses, has right to appeal.
  9. CRIMINAL CASES Arrest Police arrest & book suspect. Preliminary Hearing Suspect appears before a judge. Bail is set. Indictment Grand jury (or judge) hears evidence & formally charges the suspect with the crime. Arraignment Defendant pleads not guilty. Trial date is set. Defendant plead not guilty & accepts a plea bargain. Trial Prosecution & defense present cases to jury/judge Jury/Judge reaches a verdict. Acquittal Defendant found not guilty or goes free. Sentencing Defendant found guilty. Judge sentences defendant.
  10. JUVENILES & THE COURTS Juvenile – a person under the age of 18. Juvenile Delinquent – persons under 18 who commit crime. Goal of the Juvenile Justice System Rehabilitation – help young person correct behavior. Types of Cases Neglect – caregivers abuse or do not care for juvenile. Delinquency – juvenile commits crime. Juvenile Trials No trial by jury & trials are closed to the public. Once juvenile completes probation, the charges are dropped and removed from their record.
  11. Juvenile Cases Anyone under 18 No jury only a judge that makes decisions Rehab; most common form of punishment Usually meeting of the following results in decisions Offender, parents, judge, arresting officer, probation officer
  12. Juvenile Trials Less formal than adult trials Juvenile's identity is protected NJ v. T.L.O Not always fingerprinted Guardian must be notified when a juvenile is arrested In Re Gault:gives juveniles the same rights as adults; parents must be notified School officials have a right called in lieu of parents
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