Civics 6.01“Sources of Our Laws” (15.1)

I. Early LawA. Hammurabi’s Code-

first written code, societal behavior

B. 10 Commandments- basic moral rules

C. Draconian Laws- Greek harsh punishments for every crime

D. Roman Law- created peace and equality b/w classes1.Justinian’s Code -established

principle of innocent until proven guilty as established by juries

2. Napoleon updated Justinian’s code

II. Development of Modern LawA. Magna Carta- limited

kings power, trial by jury, due process

B. English Common Law- law developed based on common sense/logic/practice, and precedent

C. English Bill of Rights- protected individuals’ rights

D. Enlightenment Ideas1. Hobbes, Locke, Rousseau,

Montesquieu, Voltaire2. Social Contract theory: People

give up power/rights to the gov’t to promote the safety/well-being of all

3. Montesquieu: Separation of powers gives all classes political power and prevent tyranny

III. American Law

A. Based mostly on English tradition and Christian values

B. Mayflower Compact- earliest example of American law

C. Iroquois Nation- united tribes with a “written” constitution

D. Other sources: US Constitution, Bill of Rights and Amendments, States, Supreme Court precedent

Civics Unit 6“Types of Laws” (15.2)

Note-taking PracticeI. Title: Sources of LawsA. What is a Law?

________________________B. 3 Main Sources of law

1. ________________2. ________________3. ________________

C. Jurisprudence & Interpretation

1. ________________2. Path of a lawsuit in the

court systema. ____________________b. ____________________c. ____________________

3. ________________

D. Two Main categories of law1. __________________

a. ________________________b. ________________________

2. ________________a. Exs: of civil laws ____________________b. purpose: __________________________

3. Sides in a criminal or civil casea. __________________________b. __________________________

Exit Ticket

1. Name the three main sources of law.

2. What is a precedent?3. What is the path a lawsuit can make

through the court system?4. Name 2 the types of law.

I. Categories of LawsA. Constitutional Law- highest

form, based on Constitution and judicial interpretation

B. Statutory Law- statutes/laws passed by legislatures of all levels

C. Administrative Law- rules, orders, regulations passed by executive officers of all levels

D. Common Law- based on judicial precedent

E. Criminal Law -adversarial system of state lawyers vs. accused person’s lawyers, impartial judge & jury

F. Civil Law –between 2 private parties worked out b/w lawyers or in court

II. Criminal LawA. Criminal Law-

adversarial systemGov’t is the plaintiff:

party that brings charges

Defendant: party accused of the crime1.felony- serious crime, 2.misdemeanor- lesser

offense

3. federal crimes- bank robbery, terrorism, kidnapping, counterfeiting, tax evasion, organized crimea. FBI has jurisdiction

4. state crimes- murder, assault, and property crime: larceny, robbery & burglarya. State level: NC State Bureau of

Investigation (SBI)b. County level enforcement: Sheriff c. Local level (city or town): police

B. Civil Law- between private parties worked out b/w lawyers or in court

Plaintiff –brings the chargesDefendant –person accusedA.tort law- plaintiff claims a civil wrongB.family law- marriage, divorce, child

custody

Civil Law

Court Room

Civics 6.03American Legal System (15.3)

II. Civil LawsuitsA. Plaintiff (party bringing

lawsuit) attorney files complaint 1. claim to have suffered

a loss or injury2.tort- civil wrong (ex:

ice on sidewalk, negligence)

3. seek damages from the defendant

B. Defendant (party sued) attorney responds

C. Argue cases in court1. may offer a

settlement, money both agree on, that defendant pays to plaintiff to drop the case

2. Usually argued w/o jury

I. Criminal CasesA. Adversarial legal system

Plaintiff –The government brings the chargesDefendant –person accused

B. Arrest1. Must get warrant from judge,

grand jury decides whether to indict- formally charge of a crime

2. Suspect informed of their crimes, read rights

3. Always the state or federal gov’t that charges someone of a crime

4. jury trial or bench trial- defendants have right to a jury, but can chose to tried before a judge alone

5. Summons- requests someone to testify in court

6. subpoena- requires someone to testify in court7. call witnesses to give testimony who are cross-

examined by other side8. Procedure: opening statements, witnesses,

cross-examination, closing statement, verdict, sentencing

C. Criminal Trial1. gov’t is the prosecution- party who

starts proceedings2.defendant, person accused of crime3. defendant appears in court for a

arraignment- formally presented charges of a crime and enters pleaa.plea bargaining- plead guilty to

lesser crime

C. Verdict and Sentencing1. Innocent until proven guilty “beyond

reasonable doubt”2.Verdict- judgment of jury of peers3. If prosecution has not proven case,

jury can decide on acquittal- vote of not guilty

4. if jury cannot decide on a verdict, judge can declare a hung jury- rules it a mistrial

5. sentencing- judge decides in all cases except death penalty- jury decides in capital cases (death penalty)

6. Can appeal to higher courts, death penalty automatically appeal to NC Supreme Court

Civics Unit 6“Addressing Criminal Behavior” (15.3, 16.3)

I. Justifying PunishmentA. Theory of

retribution- criminal deserves punishment because of the crime they commit

B. Deterrence- both criminals and others see consequences of crime and punishment

C. Rehabilitation- minds and characters of criminals should be reeducated to reenter society

D. Juveniles- under 181. punishment

designed to rehabilitate

2. with murder, tried as an adult if over 16

II. Types of Punishment (sentencing)

A. Incarceration- locked up in jail/prison1. three-strikes laws- mandate long-

term incarceration if convicted of felony 3 times

2. structured sentencing- formal sentencing based on severity of crime and prior record

3. if guilty person is mentally ill, sentenced to mental institution

4. mandatory sentencing –judge must impose whatever sentence the law directs

B. Detention- state holds (detains) people either to punish or investigate

C. Probation- suspends jail sentence for a fixed time

D. Suspension- a privilege is taken away for a period of time

E. House Arrest- confinement to home

F. Monetary compensation- payment of money for return (restitution) of property

G. Confiscation of property- take away criminal’s property

H. Capital punishment- death penalty, for murder or treason