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Vocabulary . Jurisprudence- The study of Law Hammurabi’s Code- Written by King Hammurabi, they are the first written rules of law. Justinian Code- Written by Emperor Justinian, they preserved and simplified Roman Law. Draconian Law- Written laws for Ancient Greece.
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Vocabulary Jurisprudence- The study of Law Hammurabi’s Code- Written by King Hammurabi, they are the first written rules of law. Justinian Code- Written by Emperor Justinian, they preserved and simplified Roman Law. Draconian Law- Written laws for Ancient Greece. Iroquois League- United the Iroquois tribes of the Northeast and created a constitution that influenced the 13 colonies. Criminal Law- Law that deals with crime and punishments. Civil Law- Law concerned with the relationships between individuals and businesses.
Prosecution- The Federal or State government that brings charges against a defendant in a criminal trial. Conviction- The accused is found guilty in court. Acquittal- The accused is found innocent in court. Plaintiff- The side that brings a lawsuit in a civil case. Defendant- Whom the lawsuit is filed against or the accused in a criminal case. Constitutional Law- Law that deals with interpretation of the Constitution. Ex: Brown v. Board of Education Administrative Law- Governs the operation of government agencies International Law- Laws that apply to all nations.
Warm up? From where did we get many of our ideas on law? England
Jurisprudence • Examining the theory and philosophy of law, as well as analyzing its purpose, structure, and implementation in society. • Basically, the study of law
Influences on US Law • Ancient Legal Codes (set of written laws & punishments) • Code of Hammurabi • First written legal code • Written by King Hammurabi of Babylon • Influenced future civilizations • 10 Commandments • Known as Mosaic Law • Moral code for Ancient Hebrews • Influenced all societies in which Judaism, Christianity and Islam have had an impact
Draconian Laws • Written in 621 BC by Draco • Ancient Greeks first written legal code • Gave a voice to common people • Justinian Code • Written around 530 AD by Emperor Justinian of the Byzantine Empire • Revived Roman Law • Increased the influence of the Church
British Law • Greatly influenced the US • Magna Carta • Guaranteed Nobles rights and limited the power of the King • English Bill of Rights • Further limited the power of King & guaranteed the rights of citizens • British Common Law • Based on tradition & past court decisions (precedent)
Colonial/Native American Influences • Mayflower Compact • Direct democracy in Plymouth Colony • House of Burgesses • First representative government in Colonies • These principles are later expressed in the Declaration of Independence and US Constitution • Iroquois League • United the Iroquois tribes of the Northeast
Types of Law • Criminal Law • Deals with crime and defines punishments • Defines what acts are considered criminal acts against the state • Murder, burglary, rape • These acts and the punishments that go along with them are part of the state’s Penal Code • Mandatory Sentencing • Law states the max/min punishment that can be imposed
Criminal Law Continued • Prosecution • The Federal or State Gov’t brings charges against an individual • In charge of arguing for conviction • Conviction • The accused is found guilty and may be sentenced: • Incarceration • Probation • Suspended Sentence • Supervised or Unsupervised • Fine • Acquittal • The accused is found innocent • They can not be retried (double jeopardy)
Civil Law • Civil Law • Laws concerned with relationships between individuals, businesses, organizations etc. • Patient suing a doctor for malpractice • Civil Court • Begin when 1 side brings a lawsuit against the other • Plaintiff and Defendant • The side that brings the lawsuit is the plaintiff, the defendant is whom the suit is filed against.
Outcome of a trial • Defendants who lose civil cases pay damages to the plaintiff • Defendants who win…pay nothing • Counter sue • The defendant sues the plaintiff • Family Law • Cases involving divorce, child support payments, adoptions etc.
Public Law • Types of Public Law • Constitutional Law deals with interpretations of the Constitution • Ex: Gregg v. Georgia (capital punishment is not a violation of the 8th Amendment) • Administrative Law governs the operation of government agencies • International Law deals with laws that apply to all nations • Ex: International Trade, boundary disputes • Difficult to enforce
GROUP ACTIVITY/ REFLECTIONS WHAT IS JURISPRUDENCE? WHAT ANCIENT LEGAL CODES HAVE INSPIRED MODERN LAW? HOW DID THE ANCIENT LEGAL CODES IMPACT MODERN LAW? SUMMARIZE HOW BRITISH LAW IMPACTS MODERN LAW TODAY. SUMMARIZE THE COLONIAL AND NATIVE AMERICAN INFLUENCE ON MODERN LAW. WHAT TYPES OF LAW DID WE LEARN ABOUT TODAY? SUMMARIZE WHAT YOU HAVE LEARNED ABOUT CRIMINAL LAW. SUMMARIZE WHAT YOU HAVE LEARNED ABOUT CIVIL LAW. SUMMARIZE WHAT YOU HAVE LEARNED ABOUT PUBLIC LAW.
Closing? Why do you think so many criminals commit a crime more than once? How can we stop this problem?