Law & Order

C&EM. Teal

Types of Codes

• Moral Code – A code of conduct. What is right/wrong. Defined by Society.

• Legal Code – A type of legislation that creates laws for a society. Unlike a Moral Code, these can be enforced in a court of law

Famous Codes of Law Through History

• Codes of Hammurabi (1760 BC )– Developed in Ancient Babylon, this code demonstrates reciprocal punishment. Meaning an “eye for an eye:”

• Ten Commandments ( Approx. 1446 BC) – A list of moral and religious principles given to Moses in Ancient Israel. Contains many principles still used today (thou shall not kill, steal, covet, etc.)

• Justinian Codes (529-534 AD) – This Code, from the Byzantine Empire, compiled many Roman Laws into different singular areas. Became a basis for civil law in the Byzantine Empire.

Famous Codes of Law Through History

• Draconian Laws (Around 610 BC ) –Ancient Greek code. The code was very harsh, ordering death for many crimes (including tiny ones like stealing an apple). This was done to quell rebellions, but did not work.

• English Bill of Rights (1689) – Protected certain rights of English citizens, including the right to petition and bear arms.

• British Common Law (1154)– Common Law is the idea that current court cases can be judged based on the idea of precedent. Courts review cases and decide on precedent. Courts can also overturn precedent.

Famous Codes of Law Through History

• Iroquois Nation’s Constitution (1500s) – Also called Gayanashagowa (or Great Law of Peace). This created a “Great Peacemaker” (like a President), and is thought to have influenced the US Constitution.

• Social Contract (1651, 1689, 1762)–Developed by Hobbes, Rousseau, and Locke, this is the idea that people give up some of their rights in order to maintain a society and government.

• Magna Carta (1215) – M.C. required the King of England to be bound by laws. It also protected “habeas corpus,” or the right to appeal unlawful detention. Formed a large basis of the US Constitution..

Famous Codes of Law Through History

• Declaration of Independence (1776) – Written primarily by Thomas Jefferson, this statement is not law, but identifies many human rights and principles that inform our laws today. Also declared US independence.

• U.S. Constitution (1787)– Basis of American law, established protected rights in the Bill of Rights.

Common•Crucial to understanding how law works. •The Constitution doesn’t have all laws spelled out.•Courts make decisions based on precedents

Criminal •Punishments for crimes•Two types of sentences, misdemeanor & felony

Civil•Disputes between individuals or private parties.•When someone is wronged, they are repaid.•Tort, contract, wills, etc

Constitutional

•Governs the interpretation of the Constitution •Basis for many decisions of public policy in America

Administrative

•Governs the Government Agencies•Rule making & adjudication•Rules to regulate industries, and decides the cases through adjudication

Statutory Law

•Passed by state legislatures

International Law

•Laws between different countries, expressing treaties, trade agreements, etc.

Do Now

Civil Law

• Majority settled out of court

DisputeLitigation happens because at least 2 people disagree over something.

Complaint FiledThe plaintiff files a legal complaint against a defendant in a civil case

Defendant can:1. Ignore & receive default judgment, 2. motion to dismiss; 3. File answer to complaint

Discovery PeriodBoth sides find out info through depositions & interrogatories

AppealsYou can file an appeal to a higher court, but they do not take new evidence

Ask for summary judgment/avoid trialSummary judgment are before trial when no one disputes. Can settle or go to arbitration

TrialJury selection/opening statements by plaintiff, response by defense/rebuttals/closing arguments.

Criminal Law

• Majority plea bargained

Crime CommittedAn offense has to be committed & an investigation has to be conducted

Prosecuted/ProcessedCharges have to be brought, the accused must be processed

ChargedAfter charges are brought, the accused becomes a defendant

IndictedGrand jury determines if enough evidence to indict. Only prosecutor present evidence.

PleaCan plead guilty or not guilty. Often prosecutors will offer lighter sentences through “Plea bargaining” to get guilty pleas

Trial/VerdictSame process, although higher burden of proof “beyond a reasonable doubt”

AppealsCan appeal cases, but no new evidence. Capital murder cases have many appeals processes.

Civil/Criminal Procedure Posters

Do Now

• Moral Code and Legal Code– How do moral code and legal code relate to one

another? Is one more important than the other? Explain.

Review Separation of Powers

• Executive Branch: recommends laws to the legislative branch; ensures laws are “faithfully executed”; has the power to veto a bill and grant clemency

• Legislative Branch: writes the law• Judicial Branch: interprets the law; has power

of judicial review (power to annul an executive of legislative act on constitutional grounds); determines laws broken and punishments

Category of Law Definition Example #1 Example #2Administrative Law

Government and/or organization-related issues that can be handled outside of a courtroom

Your case might first be considered administrative if you file a claim to receive worker’s compensation. Eventually, the case could go to court if one or both parties are unable to resolve

Civil LawCommon LawConstitutional Law

Leandro v. NC is a case because the case was filed & the court ruled on the basis of the NC Constitution

Criminal LawStatutory Law The law written by a

legislative body or another governing body. Please note that criminal, civil, and administrative laws are all types of statutory laws.

Law Enforcement Agencies & Jurisdiction

• Jurisdiction - the authority given to a legal body, such as a law enforcement agency or court, to adjudicate and enforce legal matters.

Jurisdiction Role Play

• For homework, use your notes from today, the NC Court System website (http://www.nccourts.org/), and a NC General Court of Justice chart (attached) to map out where each of today’s cases will be heard and/or sent upon entering the NC Court System (assuming all crimes are committed by individuals over the age of sixteen.)

• Map out these details on a separate sheet of paper using arrows. For example:– First-degree murder charges (Felonious criminal case) ->

Superior Court – Civil case involving less than $10,000 -> Civil District Court

• Ask students to determine each act as a misdemeanor or a felony and to complete judicial maps for all 15 role plays.

Do Now

Supreme Court

Court of Appeals

Superior Court

District Court

District Court

• Trial Courts, can be divided into four categories: civil, criminal, juvenile and magistrate. – Sits in the county seat of each county.

• District Courts handle:– Civil cases such as divorce, custody, child support &

cases involving less than $10,000– Criminal cases involving misdemeanors & infractions. – Juvenile cases involving children under the age of 16

who are delinquent & children under the age of 18 who are undisciplined, dependent, neglected or abused.

Superior Court

• Divided into 8 divisions & 46 districts across the state.

• Every 6 months, Superior Court judges rotate among the districts within their division.

• Superior Court handles:– All felony criminal cases– Civil cases involving more than $10,000 – Misdemeanor and infraction appeals from District

Court

Court of Appeals

• This state's only intermediate appellate court. • 15 judges sit in rotating panels of 3 and serve

8 year terms. There is no jury.• Court of Appeals handle:– Every case appealed from the Superior and District

courts except death penalty cases. – Appeals can range from a parking ticket case to a

murder case.

Supreme Court of North Carolina

• The state's highest court. • There is no further appeal in the state • This court has a chief justice and 6 associate justices and

serve 8 year terms.• The Supreme Court has no jury; rather, it considers error

in legal procedures or in judicial interpretation of the law.• Supreme Court handles:

– Cases in which there is a dissent in the Court of Appeals– Those that the Supreme Court accepts for review through

petition.

Create a “Want Ad” for a NC Judicial Candidate

• What qualities do you think that the ideal judge should have? Do you think they should have a degree from Harvard law? Does it matter if they are a native North Carolinian? Are there particular experiences he/she should have? Should they encompass particular personality traits, values, or views?

• Design a “Want Ad” advertising the skills, background, values, & any other important criteria you think a candidate for the North Carolina Judicial Branch should possess. Make sure to include the qualifications you are seeking in these categories:– Background information (university attended, degree, previous experience,

etc.)– Personal information (family, place of residence, hobbies, etc.)– Moral and ethical principles– Skills related to the judicial process– Particular judicial beliefs/political stances (i.e., stance on right to life, death

penalty, gun laws, etc.)– Other particular qualifications your group feels is important in finding the best

candidate

• raleigh craigslist > legal jobs

• Paralegal (Downtown Raleigh)• Reply to: • Date: • Paralegal/legal assistant needed in mid-sized

downtown Raleigh law firm to assist attorneys with busy and rewarding adoption/family law practice. Ideal candidate has good work ethic, detail oriented and superior organizational skills. MS Word experience required. Benefits include health, life, 401(k) and parking.

Do Now

• What is the purpose of punishment?

US Supreme Court: Constitutional issues

US Court of Appeals: Appeals

US District Court: Hears Federal criminal & civil cases

“Ignorance of the law is no excuse”?

A person who is unaware of the law cannot escape liability for violating the law merely because they were unaware of the law.

Purpose of Punishments

• Retribution-“paying back” the criminal for what he/she did in a punishment equivalent to the crime committed; “an eye for an eye”; example- death penalty

• Deterrence- discouraging people from committing crimes; example-fines, jail

• Rehabilitation- helping convicted persons change their behavior; example- juvenile intervention/counseling, community service

• Incapacitation-separating the convicted from the community; example-jail/prison

Convicted Felon Guilty of Misdemeanor

Convicted Minor (<18 yrs)

•Prison terms of substantial length

•Loss of Privileges such as professional licenses, public offices, or public employment, driver’s license

•Capital Punishment-a sentence of public execution

•Restitution- pay money to the victim or the judicial system

• Prison lasting usually no longer than 12 months. Sometimes even part time imprisonment, weekend stays, etc..

• Community Service

• Fines

• Probation

• Boot Camp programs instill discipline, education, and civic responsibility in youth offenders.

• Probation a suspended jail sentence for the convicted to be rehabilitated by the community

• Community Service

• House Arrest

• http://www.youtube.com/watch?v=oDtBcO7F5UE

Punishment Debate

• 5 min. Affirmative position debater (team arguing in support of the question) presents constructive debate points (basically an opening statement)

• 3 min. Negative position debater (team arguing against the question) cross-examines affirmative points.

• 5 min. Negative position presents constructive debate points/opening statement

• 3 min. Affirmative position cross-examines negative points• 3 min. Affirmative position offers rebuttal • 3 min. Negative position offers rebuttal

Do Now

Other Court Officials

• Magistrates accept guilty pleas for minor misdemeanors, accept guilty pleas for traffic violations and accept waivers of trial for worthless-check cases among other things. In civil cases, the magistrate is authorized to try small claims involving up to $5,000 including landlord eviction cases.

Original Jurisdiction

• The authority to be the first court to hear a case

Courts with Jurisdiction• District & Superior Courts- Decide guilty or

innocence• U.S. Supreme Court- Only in certain cases (US

Ambassadors and Maritime Law)

Appellate Jurisdiction

• The authority to review a lower court’s decision

Courts with Jurisdiction• Appellate courts- hear cases from district level• Supreme Court- hears cases from Appellate

level

Exclusive Jurisdiction

• Authority to decide on federal cases

Courts with Jurisdiction• U.S District Courts• U.S. Appellate Courts• U.S. Supreme Court

Concurrent Jurisdiction

• Authority to hear cases that can start in state or federal court

Courts with Jurisdiction• US District Court• NC District Court• NC Superior Court

Adversarial v. Inquisitorial

• Adversarial, Innocent until Proven Guilty (The System that we have in the US)

• Inquisitorial, Guilty until Proven Innocent (The System found throughout the Europe)

• Subpoena, requires someone to come to court, go to a deposition, or give

documents or evidence the accused.

• Summons, is an official notice of a lawsuit. It is

given to the person getting being sued, the defendant

Ways citizens can inform themselves of new laws…

• attend town meetings,• public hearings, or public forums• Media• utilizing government publications and

websites

Ways the government can inform citizens of new

• public debates• franking privilege• press releases• update government publications and websites

• Examples– Click it or ticket campaigns– Move over laws