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What do you think that means: “Equal justice under law?” How does it apply to your life? . Grab your Writing journal. Equal Justice Under Law. Every society needs rules Laws are society’s rules Laws set boundaries or limits on behavior. A Nation of Laws. Make a table. Speeding ticket
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What do you think that means: “Equal justice under law?” How does it apply to your life? Grab your Writing journal
Every society needs rules • Laws are society’s rules • Laws set boundaries or limits on behavior A Nation of Laws
Make a table Speeding ticket Lawsuit Arrest for assault Car accident claim Divorce/child custody Child abuse
Make a table Speeding ticket Lawsuit Arrest for assault Car accident claim Divorce/child custody Child abuse
2 basic categories of law When people talk about breaking the law, they are referring to a crime Crime is any behavior that is illegal because society considers the behavior harmful to society Criminal Law refers to the group of laws that define what acts are crimes Criminal Law
Civil law refers to the disputes between people e.g. personal issues, such as contract disputes, divorce proceedings and property boundaries Civil Law
There are 4 sources of law: • 1) Statutory Law • Laws that are passed by lawmaking bodies are known as statutes • Most criminal laws are statutory laws • What majority of citizens believe to be right or wrong Sources of Law
2) Common Law • Judges and courts must often make decisions based on customs, traditions, and cases that have been decided before. • Common law is a type of law that comes from judges’ decisions that rely on common sense and previous cases • Judges must use precedent (an earlier decision) when considering cases Sources of Law
3) Administrative Law • Administrative laws cover many areas of daily life, such as health and safety, education, and banking • e.g. when the CPSC says a particular toy is unsafe and must be taken off the shelves Sources of Law
4) Constitutional Law • Based on the Constitution and on Supreme Court decisions interpreting the Constitution • e.g. 6th Amendment says defendant as the right to counsel; in Gideon v. Wainwright Supreme Court ruled free counsel must be given to those who cannot afford it. Sources of Law
Criminal cases are always society v. individual • Society represented by an attorney • Civil cases are between two people • In criminal cases, accused has certain rights and always innocent until proven guilty • If a person is convicted of a crime, they have the right to appeal the decision • Have a higher court review the decision Roles of the Courts