LEGAl System

1. LEGAl System

2. Section 1: Sources of our laws

3. 1. What was the first known system of written Law? • Code of Hammurabi

4. 2. Why do we have laws? • To create rules that allows people to live together

5. 3. What are the four functions of laws? • To keep the peace • To prevent violent acts • To set punishments meant to discourage criminals • to set the rules for resolving disagreements

6. 4. What are four qualifications of a good law? • Good laws are fair • Good laws are reasonable • Good laws must be understandable • Good laws are enforceable by communities, state authorities, or federal authorities

7. 5. Explain the statement: “ignorance of the Law is No excuse for not obeying it.” • Means that it if you are not aware of the law, it is too bad for you. Your duty as a citizen is to be aware of the law.

8. 6. Describe the Code of Hammurabi and explain its significance. • -written by King Hammurabi of Babylonia at about 1760 BC • -first known system of written law • -described harsh penalties for crimes

9. 7. Describe the ten commandments and explain its significance. • -a set of moral laws for the Hebrew people • -it is the source of many of our American laws

10. 8. What is the connection between the justinian code, canon law, Napoleonic code, Louisiana state law and roman Law? Describe each. • -All have their roots in Roman Law • -Justinian Code: written in 533 AD…revised Roman law for the Byzantine Empire (Eastern Roman Empire) • -Canon Law: Laws of the Roman Catholic Church ….part are Roman law • Napoleonic Code: revised Justinian Code by Napoleon Bonaparte for use in ‘Napoleon’s Empire” • -Louisiana State Law: Louisiana was a part of France during Napoleon’s reign and used the Napoleonic Code during that time

11. 9. What is the most important source of American law? • -English law is the most important source of American law

12. Section 2: types of laws

13. 1. What is criminal Law? • Prohibitions that help keep peace and set boundaries to protect our rights

14. 2. What is civil law? • Rules concerned with disputes between individuals

15. 3. What is public law? • Law that concerns alleged violations of constitutional rights and disputes involving the actions of government agencies

16. 4. What does it mean when it is said that courts operate on an adversary system? • -it means that there are opposing sides with an impartial judge acting as an umpire

17. 5. In criminal law, why is the government always the prosecution (plaintiff)? • - With criminal law….the society is always the victim…the government is society’s representative

18. 6. The accused is also known as the ____________. • Defendent

19. 7. Explain the difference between felonies and misdemeanors. Give examples of each. What type of punishment could be expected for each? • -felonies: serious crime • -murder, rape, arson, robbery • -prison sentence of more than one year • -misdemeanors: minor crimes • -vandalism • -fine or jail sentence of less than one year

20. 8. What is the difference between jail and prison? • Jail: used for misdemeanors and holding for bail hearings……for sentences of less than one year • Prison: used for felonies…..for sentences of more than one year

21. 9. What is the most common type of crime? • Crimes against property is the most common type of crime

22. 10. What is arson? • The destruction of property through fire

23. 11. What is vandalism? • -the destruction of property

24. 12. Explain the similarities and differences between larceny, robbery, and burglary. • ____________ is taking property against the will of the owner _________________ • Larceny………with the intent never to return • Robbery……….using force or threats • Burglary………..with unlawful entry intent on committing a crime

25. 13. What is the job of the plaintiff in a civil case? • The plaintiff is the one who must file the lawsuit

26. 14. What falls under family law? • -divorce, child custody, adoption, alimony, child support, spousal abuse, child abuse

27. 15. Who was John Peter zenger and why is he remembered? • -Zenger was charged with libel (printing lies) and in his 1735 trial he was found “not guilty” • -He is remembered because it was this case that helped show the importance of the right of freedom on press

28. 16. Who was Ida Wells-barnett and why is she rememeberd? • -Wells-Barnett fought against segregation and for women’s rights • - in1909, she helped found the NAACP (National Association for the Advancement of Colored People)

29. 17. What is administrative law? • -refers to the rules and regulations that the executive branch must make to carry out its job

30. 18. What is statutory law? • -law written by a legislative branch

31. 19. Who can make statutory law for each level of government? • -national: US Congress • -state: General Assembly • -local: county commissioners, city council, town council, board of aldermen……local legislatures

32. Section 3: The american Legal System

33. 1. What is the basic law of our nation? • -US Constitution

34. 2. Courts base decisions on what two things? • -written law • -precedents

35. 3. Our legal rights are based on the idea that a person is _______. • -presumed innocent until proven guilty in court

36. 4. The Fourth Amendment protects us against what? • -unreasonable searches and seizures

37. 5. What is probable cause? • -the belief that evidence will be found to prove that a person did commit a crime

38. 6. What was the importance of the court case, Mapp v. Ohio? • -this case extended use of the exclusionary rule to all state cases (previously it had only applied to federal cases)

39. 7. What was the importance of the court case, Miranda v. Arizona? • -the case established the Miranda warnings

40. 8. Does the grand jury decide a person’s guilt or innocence? • -grand jury only decides if there is evidence to bring a person to trial

41. 9. What happens at a preliminary hearing? • -this hearing serves the same purpose as a grand jury, however, the evidence is only presented to a judge

42. 10. How many people serve on a grand jury? • -12- 23 citizens

43. 11. What was the importance of the court case, Gideon v. Wainwright? • -this case secured the right of a lawyer in state cases….even if a person cannot afford one (it will be provided)

44. 12. Describe an impartial juror? • -impartial refers to people who do not know anyone involved in the case and have not already made up their minds about the case

45. 13. What is a bench trial? • -a bench trial is when the case is only heard by a judge (no jury)

46. 14. Who must approve of a plea bargain? • -a judge must agree to it

47. 15. What was the importance of the court case, Furman v. Georgia? • -it stated that the death penalty is indeed just punishment for some crimes, however, it must be administered fairly (if it is the punishment for one race, it should be the punishment for all)

48. 16. What is the two step process for the death penalty in most states? • -step 1: trial for guilt • -step 2: hearing for punishment

49. 17. What is taken into consideration when bail is set? • -the judge considers: • -the seriousness of the case • -the criminal record of the accused • -the ability of the accused to post bail