The Rule Law Sources Types of Law Benchmarks

The Rule Law & Sources & Types of Law

Benchmarks: SS. 7. C. 1. 9: Define the rule of law and recognize its influence on the development of the American legal, and governmental systems. SS. 7. C. 3. 10 Identify sources and types (civil, criminal, military) of law

Rule of Law: “Nobody is above the law”

Rule of Law: idea that the country should be ruled by laws not individuals “Justice is blind!” “Equality under the law!”

Rule of Law: laws / rules are clear and evenly applied providing stability and security

Source of Law – Where did we find inspiration for our law systems?

Source of Law: Code of Hammurabi - 1754 B. C. 22. If any one is committing a robbery and is caught then he shall be put to death…

Source of Law: 450 B. C. 12 Tables of Ancient Roman Law • Presumption of innocence: Innocent until proven guilty • Juries • 2 -House Legislature Law applied equally to everyone: Patricians (wealthy rulers) & Plebeians (poor working class)

Source of Law: 529 – 534 A. D. Rome Cont. : Code of Justinian Collection of Laws that continues to influence international public law

Source of Law: – Middle Ages Laws made by Kings & the Church Magna Carta 1215 A. D. Canon Law – Middle Ages

Source of Law: – Middle Ages Statutes & Common Law Statutory Law – Parliament Common Law – Judge Made Precedents

Source of Law: – American Colonies Statutes & Common Law Colonial America passed statutes and used Common Law customs

The United States Government is Established 1787 Legal systems had been in place for over 150 years in America

Federalism: Federal, State, & Local Laws – Limited Jurisdiction Federal Laws: Bankruptcy Smuggling Bill of Rights State Laws: Murder Divorce Drivers License Local Laws: Texting & Driving Bicycle Helmets Traffic Lights

Types of Law

Types of Laws: Civil Laws Personal injuries, violations of contracts, compensation for losses, divorce, property

Types of Laws: Criminal Law Felony: Serious crime – usually prison or jail sentence. Ex: Murder, robbery, arson, kidnapping, etc. Misdemeanor: less serious crime – short jail sentence or fine. Ex: reckless driving, underage drinking, etc. Passed to create a safe and orderly society. Protects people and their possessions from wrongdoing.

Types of Laws: Constitutional Law Protecting rights under the U. S. Constitution & State Constitutions, as well as relationships between the three branches & levels of government

Types of Laws: Military Law Special laws & procedures for security & discipline: Court-Martials

Up Next: Federalism But first let’s review…

What principle of government states that nobody, not even the government is above the law? Rule of Law

What does the blindfold on Lady Justice represent? Justice is blind / equality under the law

This was one of the first known codes of law from Babylon, famous for it’s “eye for an eye” rule? Code of Hammurabi

This legal influence from Ancient Rome came a thousand years after the Code of Hammurabi: Rome’s 12 Tables

Laws made by legislatures such as Congress & Parliament are known as? Statutes

When court decisions are based on previous decisions it is known as: Common Law

These laws deal with citizens suing other citizens for personal injuries and damages: Civil Law

These laws deal with rights, such as Bill of Rights issues? Constitutional Law

An Army private being charged for abandoning this post would be an example of? Military Law

The three levels of government that create laws are? Federal, State, & Local