Seeking the Source Identifying sources and types of

Seeking the Source Identifying sources and types of law. The Florida Law Related Education Association, Inc. © 2015 Benchmarks SS. 7. C. 3. 10 Identify sources and types (civil, criminal, constitutional, military) of law.

Historical Law Codes Cyrus Cylinder Has been called “the first declaration of human rights. ” Magna Carta Established the “rule of law”; no one is above the law and all must follow the law. The Code of Hammurabi One of the oldest collection of laws (282 laws), dating back to the 18 th century B. C. That’s over 3500 years old!

The Story of Human Rights Watch until 3: 32 Video produced by United for Human Rights. The Florida Law Related Education Association, Inc. © 2015

The Florida Law Related Education Association, Inc. © 2015 WHERE DO WE FIND OUR LAWS?

U. S. and Florida Constitutions

Federal and State Statutes Local ordinances too! http: //www. leg. state. fl. us/statutes/

The Hierarchy of Law The U. S. Constitution is the “Supreme Law of the Land. ” United States Constitution Federal Laws (Acts of Congress) Florida Constitution State Statutes (laws) City and County Ordinances

Common Law • Common law – Developed over hundreds of years in England the United States, and refers to legal customs, traditions, and principles created and established by the courts.

Case Law • Case law – The law as established in previous court decisions; case precedent. • For example: – Student speech in school that is not disruptive to the educational environment is protected under the First Amendment according to Tinker v. Des Moines Independent Community School District

The Florida Law Related Education Association, Inc. © 2015 Civil ~ Criminal~ Constitutional~ Military ~ Juvenile TYPES OF LAW

Civil Law The plaintiff is the private party filing the suit. A civil case involves a legal dispute between two or more parties. The defendant is the party the suit is being filed against. In a civil case the plaintiff must convince the jury by a "preponderance of the evidence" (i. e. , that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.

Criminal Law • Addresses cases that are criminal in nature as defined by federal and state statutes. • Criminal offenses are divided into : Misdemeanors Felonies Less serious offenses More serious offenses

Criminal Law The prosecution is the government (federal government, State of Florida). Govn’t In criminal case the government, or “the state”, is bringing the charges against someone accused of a crime. The defendant is the person(s) accused of a misdemeanor or felony. In a criminal case the prosecution must convince the jury “beyond a reasonable doubt" that the defendant is guilty of the crime.

Constitutional Law • Deals with the interpretation and application of the U. S. Constitution and state constitutions. • Addresses relationships among the states, the states and federal government, the branches of government, and the rights of the individual.

Military Law • Uniform Code of Military Justice is found in the United States Code. • Applies to all members of the Uniformed services of the United States. • If a crime violates both military and state civilian law, it may be tried by a military court, a civilian court or both.

Juvenile Law • Under Florida law, generally a person is a juvenile until reaching the age of 18. • Juveniles are charged under the same laws as adults, but have separate juvenile courts that handle their case. – There also laws that juveniles can be charged under that do not apply to adults. For example, violation of juvenile curfews, minor in possession of a firearm (with exceptions, i. e. hunting), etc.

Juvenile Law • When a juvenile is caught breaking the law, they enter the juvenile justice system • Click the image below to visit the interactive map provided by the Florida Department of Juvenile Justice.

The Florida Law Related Education Association, Inc. © 2015 Courts in the News REPORTS ON COURTS

Reports on Courts • You will be reviewing news reports about cases in the courts. You will need to decide if the case is a matter of civil, criminal, military, constitutional, or juvenile law. Using what you know about the federal and state courts, can you identify if the case is taking place in state or federal court?

KEY WEST, Fla. — A judge on Tuesday struck down as unconstitutional a Florida law that required welfare applicants to undergo mandatory drug testing, setting the stage for a legal battle that could affect similar efforts nationwide. Judge Mary S. Scriven of the United States District Court in Orlando held that the testing requirement violated the protection against unreasonable searches. Constitutional Law, Federal court The Florida Law Related Education Association, Inc. © 2015

At special court-martial – Sailor pleads guilty to charges Mayport, FLA HN Martinez pleads guilty to violating an order, wrongful abuse of a controlled substance, unauthorized absence, and wrongful appropriation of military property. On March 11, the military judge sentenced him to reduction in rank to paygrade E-2, forfeit $800 pay per month for five months, and confinement for 165 days. Military Law, military court The Florida Law Related Education Association, Inc. © 2015

Criminal Law, State court The Florida Law Related Education Association, Inc. © 2015

Juvenile Law, State court The Florida Law Related Education Association, Inc. © 2015

Civil Law, Federal court The Florida Law Related Education Association, Inc. © 2015

Checking for Understanding