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THE LEGAL SYSTEM

Chapter 28. THE LEGAL SYSTEM. 28.1 The Nature of Law 28.2 The Court System 28.3 Legal Services. Lesson 28.1. THE NATURE OF LAW. Objectives. Explain the difference between civil and public law Describe the general process by which laws are enforced. Lesson 28.1. WHAT IS LAW?.

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THE LEGAL SYSTEM

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  1. Chapter 28 THE LEGAL SYSTEM 28.1 The Nature of Law 28.2 The Court System 28.3 Legal Services CHAPTER 28

  2. Lesson 28.1 THE NATURE OF LAW Objectives Explain the difference between civil and public law Describe the general process by which laws are enforced CHAPTER 28

  3. Lesson 28.1 WHAT IS LAW? • Law is the body of enforced rules by which people live together. • Sources of law in the United States • Common law is judge-made law. • Statute law is legislation; laws made by Congress or other government bodies. CHAPTER 28

  4. Lesson 28.1 TWO MAIN BRANCHES OF LAW • Civil law determines a person’s legal rights and obligations in activities that involve other people. • Public law defines citizens’ rights and responsibilities under local, state, federal, and international laws. CHAPTER 28

  5. Lesson 28.1 LAW ENFORCEMENT • A warrant is a court order authorizing a police officer to make a search, seizure, or arrest. • An arraignment is a hearing before a judge during which formal charges are brought against an arrested person. CHAPTER 28

  6. Lesson 28.1 LAW ENFORCEMENT (continued) • A grand jury is a group of citizens to which a prosecutor presents evidence of a serious crime who must determine if there should be a trial. • An indictment is a formal statement of a grand jury charging a person with an offense. • Bail is money deposited with a court to guarantee that an accused person will show up for trial. CHAPTER 28

  7. Lesson 28.2 THE COURT SYSTEM Objectives Describe the two parts of the court system Summarize how a court works CHAPTER 28

  8. Lesson 28.2 STATE AND FEDERAL COURTS • State courts • Federal courts CHAPTER 28

  9. Lesson 28.2 TYPICAL STATE COURT STRUCTURE CHAPTER 28

  10. Lesson 28.2 HOW A COURT WORKS • One person files a complaint against the other in a court. • The plaintiff is the complaining party in a lawsuit. • The defendant is a person required to answer charges in a lawsuit. • The court clerk then issues a summons. • A summons is an order commanding a party or a witness to a lawsuit to appear in court on a certain day. CHAPTER 28

  11. Lesson 28.2 HOW A COURT WORKS (continued) • During a trial the attorneys for the plaintiff and defendant produce evidence. • Witnesses may supply some of the evidence. • When the case is decided, the judge will make a judgment. • A judgment is the judge’s decision in a civil suit in favor of either the plaintiff or the defendant. CHAPTER 28

  12. Lesson 28.2 JUDGMENTS • “Guilty” and “not guilty” are not used in civil cases. • Three types of judgments for the plaintiff • The award of a sum of money • A solution for the dispute • A decree, or an order issued by a court, requiring a defendant to stop doing whatever is harming the plaintiff. CHAPTER 28

  13. Lesson 28.3 LEGAL SERVICES Objectives Identify situations that may require legal advice Explain how to go about choosing a lawyer Name the three types of legal fees CHAPTER 28

  14. Lesson 28.3 DECIDING IF YOU NEED A LAWYER Some situations that may require legal advice • Being charged with a crime • Buying a house • Starting a business • Suffering an accident or injury • Buying a faulty consumer product or service • Being discriminated against in employment • Preparing a will • Declaring bankruptcy • Getting a divorce CHAPTER 28

  15. Lesson 28.3 SMALL CLAIMS COURT • Small claims court is one of the lowest-level courts in the state court system; allows you to sue someone without using an attorney. • The amount of money that can be recovered in small claims court varies among states. • Usually the amount is limited to several thousand dollars. CHAPTER 28

  16. Lesson 28.3 CHOOSING A LAWYER • Recommendation from an acquaintance • Lawyer Referral Service • Advertising • Legal Aid CHAPTER 28

  17. Lesson 28.3 LEGAL FEES • Flat fee • A flat fee often covers routine services that take about the same amount of time in all instances. • Hourly fee • An hourly fee is a specific amount paid for each hour the lawyer spends on your case. • Contingency fee • A contingency fee is contingent, or depends, upon whether the case is won. • If the attorney wins, you pay a certain percentage of the amount awarded. CHAPTER 28

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