What are the above pictures n Despite being

What are the above pictures? n Despite being thousands of years old, both are still important to us today. Why do you think that is? n What is the difference between a moral law and a legal law? n

The Law and the Individual Unit VII Sources of Our Laws

What are laws? n Set of rules that help people live together

What should laws do? Major purpose is to keep the peace and prevent violent acts n Provide rules for resolving disagreements between groups or individuals n

What makes a good law? Fairness – all people treated equally n Reasonable – punishment fits the crime n Understandable – laws are not to complicated for people to be able to follow n Enforceable – laws can be monitored and carried out by communities, state or federal authorities n

Where do our laws come from? n Based on ideas, customs, and laws passed down from generations

History of Law n Code of Hammurabi n n n First known written legal system Around 2000 BCE Harsh penalties based on principle of “an eye for an eye”

The Ten Commandments n n Found in the Hebrew Bible Around 1200 BCE

The Ten Commandments n

Roman Law Written by the Roman Senate and Judges – representatives of the citizens n Justinian Code – Around 600 CE Byzantine Emperor Justinian organized Roman law which influenced n n n Catholic Church Napoleonic Code

English Common Law n Established by Court Decisions rather than legal code n n Based on precedents – previous decisions that are examples to follow Makes the law consistent and fair

Burden of Proof n In any court case, the burden of proof is on the prosecution. n i. e. Prosecution must prove beyond any doubt that the defendant is guilty of their crime

Criminal Law n Cases in which the state or federal government charges someone with a crime

Misdemeanors A relatively minor offense n Examples – minor vandalism, stealing inexpensive items n

Felonies A serious crime n Examples: murder, rape, kidnapping, robbery n

Civil Law n When a person or group takes a legal action against another person or group

Lawsuit n When a person or group sues to collect damages

Types of Laws n n Constitutional Law – deals with the formation, construction and interpretation of the Constitution Highest law in the country

Administrative Law n Rules and regulations that the Executive Branch makes to carry out its job.

Statutory Law n Statute – written law by a legislature n n Regulate behavior Source of rights and benefits

Identify Each of the Following as A) Statutory Law B) Constitutional Law C) Administrative Law The US Postal Service increases the price of a stamp to 60 cents C n The right to get your drivers license when you turn 16 A n The right to remain silent when accused of a crime B n

Warm-Up n What were the 4 influences on American law?

Steps to a civil case 1. 2. 3. 4. 5. 6. Plaintiffs attorney files a complaint Court sends a summons to defendant Defendant’s attorney files a written answer Attorneys for both sides exchange plea documents Attorneys argue case in court Court gives verdict

Steps to a Criminal Case 1. Arrest

Preliminary Hearing n Suspect appears before judge and bail is set

Indictment n Grand Jury (or judge) hears evidence and formally charges

Arraignment n Defendant pleads not guilty and trial date is set n Defendant pleads guilty and accepts plea bargain – conviction of lesser charge for softer sentence

Trial Prosecution and Defense present case n Jury (or judge) reaches verdict n

Acquittal n Defendant found not guilty

Sentencing n Defendant found guilty and judge sentences (punishes)

Two Options n Create a comic strip that illustrates the steps to a criminal case and a civil case § OR n Write your own episode of Law & Order (or any police show you have watched). Include all the steps of either a criminal or a civil case in you narrative. DETAIL IS IMPORTANT.

Conclusion n Why do most people voluntarily comply (follow along) with the law?

How are Juvenile cases handled in NC? Juvenile – in most states anyone under the age of 18 n Juvenile Delinquent – young people who commit crimes n Purpose of the Juvenile Court System = Rehabilitate n

Two Types of Cases Neglect Juveniles whose caregivers neglect or abuse them n Delinquency Cases involving juveniles who commit crimes n

Differences between juveniles and adult justice? No juries only a judge n Closed to the public n Identities are kept secret n n Not fingerprinted Not photographed If juvenile completes probation then charges are dropped and removed from record

Other Court Officials Clerk of Superior Court Records wills and handles foreclosures (selling some ones property to pay debts) n Magistrates Issues search and arrest warrants, issues arraignments (charges) n District Attorney Represents state in all criminal cases n