CE Notes 69-70 Types of Laws

1. CE Notes 69-70Types of Laws

2. DO NOW: • What was the first law code called? • What English document inspired our Bill of Rights? • What was America’s 1st Constitution? • What country did we get common law from? • What is the definition of precedent? • What is a statute?

3. The 7 Types of Laws • Common Law • Civil Law • Criminal Law • Statutory Law • Administrative Law • Constitutional Law • International Law

4. Common Law • Description • Unwritten laws created based on prior court decisions (precedents) and tradition. • Examples • PrecedentsZenger trial established freedom of the press

5. What is common law here a HUHS? • Unwritten laws that people follow.

6. Civil Law • Description • Laws that deal with conflicts between individuals • Examples • Family Law, libel, slander, property

7. Criminal Law • Description • Laws created by a governing authority which deal w/crimes against the social order. • Example • Penal Codes, Statutes, Ordinancesspeeding, arson, assault, robbery

8. Note on Criminal Law • Criminal law is made up of 2 parts: • 1. The act itself • 2. The person’s mental state • IE: If you premeditate (plan) to murder someone your punishment is worse than if you can prove the person died by accident. • This allows punishments to be flexible depending on the circumstances of the crime.

9. Statutory Law • Description • Laws passed by a legislature (Acts) • Example • 1964 Civil Rights Act (outlawed segregation in America).

10. Who rights do you think were protected in the Americans with Disabilities Act? • Which type of law is this?

11. Administrative Law • Description • A regulatory laws created by a government agency • Example • FDA standards, ‘bleeped’ words on the radio (FCC)

12. Constitutional Law • Description • A Law created by the Constitution or Supreme Court decision • Example • No poll tax (24th Amendment), integrated schools (14th Amendment), Judicial Review (Marbury v. Madison)

13. International Law • Description • laws created to regulate military agreements, trade, human rights & treaties with other nations. • Example • Geneva Convention Treaty outlaws the use of torture on POWs.

14. All laws in America must follow the ____________________

15. Which type of law enforces the regulations of government agencies such as the Occupational Safety and Health Administration? • civil law • international law • constitutional law • administrative law

16. Which is a case involving civil law? • Driving without a license • Using illegal contraband • Filing for divorce • Taking another’s property

17. Which type of law is represented by the Americans with Disability Act? • constitutional • Common • criminal • statutory

18. Which type of law is illustrated by the court case of Marbury v. Madison (1803) which established the power of judicial review? • civil • Common • Constitutional • criminal

19. Which impact did common law have on the legal system? • It created a legal code. • It created harsher punishments. • It created precedents that became law. • It created a system of checks and balances.

20. In a common-law system, what does a judge refer to when applying the law to particular cases in the courtroom? • The argument of the plaintiff • Legal precedents • Opinions of local citizens • Economic status

21. EOC PRACTICE • Which choice best expresses the difference between a statutory law and common law? • Statutory law is passed by a legislature but common law is not • Common law is passed by a legislature but statutory law is not • Statutory law applies to serious crimes and common law does not • Administrative law is statutory law and not common law

22. EOC PRACTICE • A person who borrowed money and signed a contract to repay it has not done so. Which choice best names the kind of law that would cover this case if you sued that person for repayment? • Administrative • Statutory Law • Civil Law • Criminal law

23. Identify which type of lawCommon, criminal, civil, statutory, constitutional, administrative or international • OSHA requires all Construction workers to wear hardhats on a site. • Slavery is outlawed in the 13th Amendment • Paris Hilton sues the National Enquirer for libel (printing false statements about her). • A woman robs the local bank and steals a car to get away • The United States signs an agreement with North Korea not to produce any more nuclear weapons • The NC General Assembly passes a law that all school buses must stop at railroad tracks • North Carolina schools were found in violation of the precedent set in Brown v. Board of Education and told to integrate their schools in 1971

26. Look through the NY Times Upfront Magazines and find 10 articles that you are interested in reading. • On a piece of paper write: • The name of the article • The page # • What is on the cover of the magazine it is in • When you are done with your list, begin reading your first article. • I will be collecting a log of all ten completed articles for a grade

27. Name of Article • Page # • Name & Cover of Magazine 1. In 3 -5 sentences, summarize what this article is about 2. What is a connection you can make between this article and what we have learned in class or what you have learned in your other classes? 3. What is a connection you can make between this article and your own life? How might what is going on in the article affect you or your community? 4.List one question you have after reading this article: 5. Predict what impact this article’s topic may have on the future of our society or other societies?