History of Law glue each page separately into your notebook History of Law EQ How has historical documents shaped American Law WarmUp Who makes the laws in your house Where do they get those ideas from ID: 660630
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Slide1
Unit #6: Law and orderSlide2
Unit #6 Title Page (LAW AND ORDER)
History of Law- glue each page separately into your notebookSlide3
History of Law
EQ: How has historical documents shaped American Law? Slide4
Warm-Up
Who makes the laws in your house?
Where do they get those ideas from?Slide5
Vocab
Precedent:
an example set for others to follow
Jurisprudence
- The study of the science of law.Slide6
Code of Hammurabi
What Was It?-
1
st
written code of law
Importance
?- First “
Eye for an eye”
punishment: you killed someone, you got killed. Slide7Slide8
The Ten Commandments
What were they?
-
1
st
set of moral laws
Why Important?-
Started idea that law should be based on right vs. wrongSlide9
Draconian Code
Set of
legal code
in ancient Athens known for its strictness
-
Gave death penalty for stealing breadSlide10
Roman Law
What was it?-
Judges used precedent
to help them make decisions.
Why Important?-
Influenced the way our court systems operate today.Slide11
Justinian Code
What was it?-
Simplified
Roman Law into a legal code anyone could understand.
-Reason that “ignorance of the law is no defense”Slide12
Napoleonic Code
-Justinian’s Code is adopted by Napoleon Bonaparte, which spread codified law to Europe.Slide13
English Common Law
What was it?-
Used
judge’s interpretation of law
to determine what the law means. Gives us the
principle of judicial review.
Importance-
LAW THAT MOST DIRECTLY INFLUENCED AMERICAN LAW!! Slide14
English Bill of Rights
What was it?-
Guaranteed basic freedoms & rights for Englishmen (trial by jury, counsel, etc.)
Influence-
Directly influenced OUR Bill of Rights!Slide15
Declaration of Independence
n
What was it?-
Said
all are equal under the law
n
Influence-
Always
used to give rights to more peopleSlide16
The US Constitution
What was it?-
Created idea that the U.S. is many parts under 1 law
Importance-
Every law made in the U.S. must agree with the Constitution! Constitution is the Supreme Law of the Land.
(Supremacy Clause= Article VI)Slide17
Exit Ticket
Which characteristics best describe the Code of Hammurabi?
a. Hammurabi created a list of natural rights
b. The First written set of laws
c. The Codes included rights of accused persons
d. Powers not listed were reserved for the states
Which set of laws is the an example of
moral
codes
a. Justinian Codes
b. The Ten Commandments
c. Hammurabi’s Code
d. English Common LawSlide18
Activities (Half Sheet)
Bill of Rights Activity
(Questions 1-3)
ReflectionSlide19
Types of Law and the Good Law Test
EQ: What are the characteristics of different types of laws?
Slide20
Warm-Up
What makes a rule fair? Unfair?Slide21
Vocab
Tort:
when a person is sued for causing harm towards another
Ex: Janitor mops floor but there is no warning and you slip and break your neck
Statutes:
Laws made by a
Legislature-
statutes are state laws.
(
G.A., Congress)
Ordinances
-
Local laws (noise ordiance)Slide22
Criminal Law
Description
Laws designed to protect people from harming one another
Felony
MisdemeanorSlide23
Civil Law
Description
n
Laws designed to settle disputes between people
Examples
n
Torts
n
Family law
n
InjunctionsSlide24
Administrative
Description
Laws created by a
government agency,
within the Executive Branch
n
Example
‘bleeped’ words on the radio(FCC)
airport security(FAA)
DOH codes(OSHA)Slide25
Constitutional Law
Definition
Laws that come from the Constitution
Laws heard by the
Supreme Court!Slide26
Common Law
Description
Laws created through the decisions of court rulings
Example
n
“sound and basic” education (The Leandro Case)
n
“separate but equal” (Plessy v. Ferguson)Slide27
Statutory Law
Definition
Laws created by the legislative branch
Example
Voting Rights Act 1965
Cell Phone lawsSlide28
International Law
Description
n
Laws followed by more than one country
Example
North American Free Trade Agreement (NAFTA)
Human Rights lawsSlide29
Good Laws must be...
Fair
- Laws
must treat each individual the same
to achieve order.
Reasonable
- Laws
must be realistic
if they are going to be successful.
Understandable
- The
average citizen must be able to comprehend the meaning
of the law.
Enforceable
- The law
must be able to be policed
in order for it to be successful.Slide30
Number 1-10 on your paper
1. Brewerton, Alabama: Use of motor boats forbidden on city streets.
2. Alaska, It is against the law to look at a moose from an airplane.Slide31
3. Arkansas, A man has a legal right to beat his wife, but only once a month.
4. California, It is illegal to set a mousetrap without a hunting license. Slide32
5. Belvedere, California: "No dog shall be in a public place without its master on a leash."
6. Florida, Hunting and killing a deer while swimming is illegal. Slide33
7. Idaho, Illegal for a man to give his sweetheart a box of candy weighing less than fifty pounds.
8. Chicago: Eating in a place that is on fire is forbidden. Slide34
9. Baltimore: Illegal to take a lion to the movies.
10. Memphis: Illegal for a woman to drive by herself; "a man must walk or run in front of the vehicle, waving a red flag in order to warn approaching pedestrians and motorists". Slide35
Exit Ticket
Which term
best describes
laws that have been passed by the North Carolina General Assembly?
a. Statutory laws
b. International laws
c. Criminal laws
d. Civil laws
Which type of unwritten law has evolved from previous court decisions and precedents?
a. civil law
b. common law
c. Constitutional law
d. statutory lawSlide36
Stretch
Goal
Use Pg 431-434 to define:
-Plaintiff
-Defendant
-Felony
-Misdemeanor
-Larceny
-Robbery
-Burglary
-Lawsuit
-LibelSlide37
Reflection
Part I: Write a scenario involving each type of law.
ex. Criminal Law: Mr. Jones was pulled over for speeding in august.
Part II: In a FIVE SENTENCE paragraph, explain why it is important that laws pass the good law test.Slide38
Jurisdiction
EQ: What types of jurisdiction are amongst the courts?Slide39
Warm-Up
Complete the Guided Reading for section 8.2Slide40
Vocab
n
Appeal:
when a case is reviewed by a higher court
n
Docket:
A schedule of upcoming Court cases
Magistrate
-
n
Can issue search and arrest warrants
n
Can set bailSlide41
The Federal Courts
US Supreme Court
: Constitutional issues
US Court of Appeals
: Appeals on legal errors
US District Court
: Hears Federal criminal & civil casesSlide42
State Courts
NC Supreme Court
: Appeals & Death Penalty appeals
NC Court of Appeals
: Appeals based on legal errors
NC Superior Court
: Felonies and Civil cases over $10,000
NC District Court
: Misdemeanors, civil cases less than $10,000, family law, juvenile casesSlide43
Original Jurisdiction
The authority to be the
first
court to hear a case
Courts with Jurisdiction
n
District & Superior Courts
n
U.S. Supreme CourtSlide44
Appellate Jurisdiction
The authority to review a lower court’s decision
Courts with Jurisdiction
n
Appellate
courts
n
Supreme
courtsSlide45
Exclusive Jurisdiction
Case can only be heard by a
Federal Court
Courts with Jurisdiction
n
U.S District Courts
n
U.S. Appellate Courts
n
U.S. Supreme CourtSlide46
Concurrent Jurisdiction
Case can be heard by a Federal
or
State Court
Example-
Michael Vick was charged in VA State court and Federal Court
Courts with Jurisdiction
US District Court
NC District Court
NC Superior CourtSlide47
Exit Ticket
What are the three levels of the federal court system?
a.
district, appeals, supreme
b. district, territorial, supreme
c. legislative, appeal, judicial
d. legislative, appeals, supreme
Which category of laws is
best exemplified
by amendments or Supreme Court rulings?
a. Civil
b. Criminal
c. Constitutionald. AdministrativeSlide48
Reflection
Constitutional
Criminal/Statutory
Common/Civil
AdministrativeSlide49
1. Kwano was cited for speeding in a school zone.
2. Austin is being sued for back rent he owes to his ex-roommate.
3. Brittney Spears sues Limewire for distributing her songs without collecting money.
4. Vice President Cheney accidentally shot his friend while hunting. His friend decides to
sue.
5. A woman is told to pay a poll tax before she can vote
6. Your grandmother is refused service at a local restaurant because of her age.
7. The FCC has deemed it necessary to place explicit language warnings on any music that
uses vulgar or obscene language.
8. Savannah finds a finger in her chili while eating at a Wendy’s.
9. Kynnyddy was sued for damages that her car inflicted on another vehicle.
10. Levi is arrested for assaulting another man in a restaurant.
11. Van is arrested for importing illegal items from overseas.
12. Trena-Marie was refused a lawyer during interrogation when she was arrested for
possession of drugs.
13. North Carolina has raised the minimum voting age to 25.
14. The FDA has created regulations and criteria to make sure new drugs like Paxil,
Lavetra, Lunesta, and Xyerexa on the market are safe for humans to consume.
15. Rachael’s newspaper article was removed from the local edition of the paper.
16. The NCDMV requires drivers to have insurance and a driver’s license to operate a
vehicle.
17. The EPA makes sure our cars run efficiently and clean.
18. Erick stole a loaf of bread and receives 3 months of probation.
19. The FAA now allows nail clippers to be carried onto an airplane.
20. Peter is suing his previous employer for not paying his unemployment compensation
package.Slide50
Law Enforcement
EQ: What purpose does law enforcement serve in the American legal system?Slide51
1.What historical document helped to include morality, right and wrong, into our laws today.
2.What two historical influences on law both used precedent to help judges decide cases.
3.What type of law deals with disputes between people?
4.What type of law comes directly from English Common Law?
5.What type of law includes Tort?
Warm-Up on NB pg 67Slide52
- Jurisdiction – describes where various legal entities hold power.
VocabSlide53
Purpose
Protects the President, the Vice President, and families.
Investigates counterfeiting
Investigates threats against the white house.
Jurisdiction
Protection, counterfeiting, and financial crimes (ID theft, financial institution fraud)
Secret ServiceSlide54
Purpose
Protect and defend the US against terrorist and foreign intelligence threats. Enforce federal laws in the US.
Jurisdiction
Terrorism, foreign intelligence operations, high-tech crimes, major white collar crimes, etc.
Federal Bureau of InvestigationSlide55
Purpose
Called in for statewide emergencies. Commander-in-chief is the Governor. May also be called upon for international crises.
Jurisdiction
Storms, fires, earthquakes, civil disturbances
National GuardSlide56
Purpose
Protect the public by enforcing controlled substances laws and regulations
Jurisdiction
Drug trafficking, drug intelligence, drug gangs.
Drug Enforcement AdministrationSlide57
Purpose
Protect the public by preventing terrorism and reducing violent crime
Jurisdiction
Enforce federal laws related to Alcohol, tobacco, firearms, explosives, arson.
Bureau of Alcohol, Tobacco and Firearms
Slide58
Purpose
Serve as officers of federal courts.
Jurisdiction
Keep order in the federal courts, guard prisoners, and serve the orders of the court
.
US Marshals
http://www.youtube.com/watch?v=d-NK9A-cJ3c&feature=fvst
US MarshallsSlide59
Purpose
Reduce traffic accidents and make highways as safe as possible by enforcing state laws.
Jurisdiction
DWI, drug possession, fatal collisions, guide traffic, educate citizens about laws
State Highway PatrolSlide60
Purpose
Local law enforcement, several divisions of CMPD allow them to meet specific needs. Their main goal is to prevent crime and improve the quality of life in the community.
Jurisdiction
911 communications, CSI, fraud, domestic violence, crime stoppers, missing persons, felony investigations, gangs, most wanted
Charlotte Mecklenburg Police DepartmentSlide61
Purpose
Transport prisoners, deliver summons and serve warrants, courthouse security
Jurisdiction
Law enforcement for the county, oversee jails and courthouses, jurisdiction over the whole county.
Mecklenburg County SheriffSlide62
1.A kidnapping case becomes serious when the kidnapper starts taking his victims across the country.
2. You hear your neighbor and his girlfriend yelling and throwing things, so you call 911.
3. A man murders someone in Charlotte, but then goes on a killing spree and kills people in Raleigh and Wilminton.
4. A gang is suspected of bringing weapons into the U.S. illegally.
5. Someone in your neighborhood has been growing a large crop of marijuana in his garage.
Guided PracticeSlide63
6. An undocumented immigrant gets in a wreck on I-85. He was driving without papers or a driver’s license. Who gets involved first? Who might get involved later?
7. A federal prisoner escapes from the courthouse.
8. A series of tornados strikes Charlotte. Power is out, roads are closed – it’s a disaster area.
9. President Obama arrives in Charlotte for the Democratic National Convention. He and his family are kept safe by whom?
10. A man is arrested for DWI.
Guided Practice
Con’tSlide64
Exit TicketSlide65
Why is Jurisdiction important?
ReflectionSlide66
The Trial Process
EQ: How does the trial process differ in criminal and civil cases?Slide67
Warm Up
Complete the Guided Reading on Pg 452-458Slide68
Vocab
Felony- major crime - harsh punishment (prison-state)
murder, B&E, Assault, etc (kidnapping- federal offense)
Misdemeanor-
minor crime
-
weaker punishment
(jails (
local)
fine or community service)
speeding tickets, Slide69
Plea Bargain - Prosecution offers to reduce the sentence if the suspect pleads guilty and/or testifies against others.
Why? -
Plea bargains
result in a smaller docket (fewer cases go to trial)Slide70
Subpoena
- document requiring you to appear in court to testify or to provide evidence.Slide71
Criminal Trial
Gov’t tries to prove the a person guilty of breaking a law.
Prosecution (State) vs. Defense (Individual)
Ex. State of NC vs. Caleb Lee
the state in which in the crime is committedSlide72
The steps of a Criminal Trial
A
rrest
P
reliminary Hearing
I
ndictment
A
rraignment
T
rial
S
entencingSlide73
Arrest
Miranda Rights
are read to suspect
Booking (fingerprints & mug shot)Slide74
Preliminary Hearing
Court makes sure
due process
was followed
Bail is set.
(In some states - judge decides if there’s enough evidence for trial.)Slide75
Indictment
(pronounced:
in-dite-ment)
Grand Jury
hears evidence to decide if enough exists to have a trial
(instead of prelim hearing)
Grand Jury = 16-23 people (
big
jury)
Formally charged with a crimeSlide76
Arraignment
Informed of Charges
Defendant pleads (Guilty or Not Guilty)
Trial date is setSlide77
T
rial
Opening statements
http://www.youtube.com/watch?v=1q7mjoxHzm4
My Cousin Vinny - opening statements, then to 6:15 for examinations
2. Direct & cross examination for Prosecution
burden of proof is on the prosecution; it is up to them to find and provide the evidence to convict you.
3. Direct & cross examination for Defense
4. Closing arguments
5.
Petit jury(
12 jurors)
comes to a verdict (guilty or not guilty)Slide78
S
entencing
(if guilty)
Jury decides punishment that matches the crime (
unan
imous vote- all 12 to agree
)
Guilty- (convicted of crime 8th amen)
Not Guilty
(No double jeopardy comes into play- 5th)
Hung jury
- cannot get a unanimous vote
Judge can reduce the sentence if necessarySlide79
Adversarial trial system
Truth is discovered by two sides trying to prove their case. (ex: direct examination and cross examination)Slide80
Civil Trial
When a plaintiff brings a complaint (law suit) against the defendant
Plaintiff
(p
erson who was harmed or injured)
vs.
Defense
(person who did the harming or injuring of another)
negligence, damage to property, injuries, contract dispute, and divorce.Slide81
Steps to a Civil Trial
#1 Plaintiff files a complaint against somebody (person, company, gov’t)
#2 Defendant receives a summons of a complaint
#3 Defendant receives a copy of the original complaintSlide82
Steps to a Civil Trial
#4 Plaintiff and Defendant try to settle the matter (most law suits end here!)
#5 Trial (
Judge Judy, Judge Mathis, etc)
DISCUSS: If you were involved in a civil case, why might you want to settle out of court?Slide83
If you are selected to serve on a jury, after listening to the case you and the other jurors must
a. Make a formal decision called a verdict
b. Impose a sentence
c. Submit final questions to the defense and the prosecution
d. Offer a plea
In criminal cases, the person who works for the state and brings charges against an offender is called the
a. Judge
b. Prosecution
c. Defense
d. PlaintiffSlide84
Reflection
Why is it important for guilt to be “proven beyond the shadow of a reasonable doubt?”
Does this system make sure that justice is always served?Slide85
Punishment
EQ: Does we all have “equal protection” under the law?Slide86
Warm-Up
o
Think about a time you have gotten in trouble for breaking a rule at home/school/etc.
-
What were the repercussions for your actions?
-
Did you break this rule again?
-
Is punishment an effective means to prevent the breaking of laws? Why or why not?Slide87
A Disturbing TrendSlide88
Vocabulary
o
incapacitation
:
punishment should protect society from dangerous people. Held in jail.
o
retribution
:
punishment is a way of getting even with the criminal; revenge.
o
re$titution
:
paying money to a victim as a form of punishment.Slide89
Why are we locking so many people upSlide90
o
deterrence:
when a punishment prevents someone from committing a crime.
-
How does this cartoon demonstrate
deterrence?Slide91
o
recidivism:
the trend of relapsing into criminal behavior.Slide92
Key Factors
Tough on Crime
Mandatory Sentencing
mean minor crimes can have long sentences.
Plea Bargains
lead to longer sentences.
3 Strike Laws
can lead minor offenders to life in prison.
Why are we the leader?Slide93
Caused by...Slide94
Juvenile Punishment
o
Juvenile Detention
o
Probation
o
Community Service
o
Boot Camp
THE GOAL IS REHABILITATION!!!!Slide95Slide96
o
Rehabilitation – Giving law breakers job training and education to prevent them from falling back into criminal behavior.
o
Why?
They are still young enough to get on the right
track.Slide97
- “Ignorance of the law is no excuse”
-
It is our duty as citizens to know the law and follow it.Slide98
Exit Ticket
Which of the following is an example of rehabilitation?
a. Death penalty
b. Fines
c. Counseling
d. Jail
Which punishment orders a convicted criminal to pay the victim a monetary amount to compensate for personal loss?
a. Deterrence
b. Reprieve
c. Restitution
d. RetributionSlide99
Reflection
o
Based on what you learned, why doesn’t our current correction system work?
o
What could be a better system?
o
Answer in a paragraph or two.