Warm Up

• What does the study of law mean to you?

• What does it mean to “sue” someone?• What is the purpose of a lawyer?• Once you’ve answered these 3 questions,

get your device out and connect it to the wifi.

Unit 4

The American Legal System

Types of Laws4.1

•4.1: Identify the different types of laws

I. Kinds of LawsA. Constitutional Law- highest form, based on

Constitution and judicial interpretationB. Statutory Law- statutes/laws passed by

legislatures of all levelsC. Administrative Law- rules, orders, regulations

passed by executive officers of all levelsD. Common Law- case law based on judicial precedent

E. International Law – law between nations; treaties, trade, etc.

F. Criminal law – punishment for crimesG. Civil law – lawsuit for wrongdoing or

negligence NOT the crime.

II. Federal v. State Crime

• Statute: state or federal law• Ordinance: local law• Federal Crime: crime against U.S.A. (felonies)

• bank robbery, terrorism, counterfeiting, tax evasion, organized crime– FBI has jurisdiction

• State Crime: crime against state (felonies or misdemeanors)

• murder, assault, burglary, theft– NC Bureau of Investigation has jurisdiction at state level– Sheriff has jurisdiction at the county level

LAW JEOPARDY

Post Assessment1. Also known as precedent,

this type of law is developed by courts rather than legislatures

2. Law enacted by a legislature

3. Law that governs and regulates government agencies

4. Law that is enforced by government for severe and minor violations

5. An environmental regulation that was implemented by the EPA

6. Law that settles disputes between people; divorce

7. Leandro v. State 19948. A murder case9. The US Supreme Court

examines Obamacare to determine if it should stay.

10. A case of negligence where a shopper slips on a wet floor that was not marked with a hazard sign.

4.1.2 COMPARE AND CONTRAST CRIMINAL AND CIVIL LAW

Pre Assessment

• See what you know!

Which of the following parties is not involved in a criminal lawsuit?

1 2 3 4

25% 25%25%25%1. Prosecution2. Defense3. Judge4. Plaintiff

In criminal law the defendant has committed a __________. In civil law the defendant has committed a ______________.

1 2 3 4

25% 25%25%25%

1. Crime, tort2. Tort, crime3. Crime, felony4. Felony, crime

Which of the following is an example of a felony?

1 2 3 4

25% 25%25%25%1. Arson2. Petty theft3. Simple assault4. trespassing

Which of the following would be grounds for a civil lawsuit?

1 2 3 4

25% 25%25%25%1. Trespassing2. Wrongful death3. Assault4. All of the above

What are the two classifications of crimes in the United States?

1 2 3 4

25% 25%25%25%1. Worse crime, small crime

2. Prison, jail3. Bad, worse4. Felony,

misdemeanor

Who is the plaintiff in a lawsuit?

1 2 3 4

25% 25%25%25%1. The person bringing an accusation

2. The government3. The person

defending his or herself

4. The head of the jury

What is a “settlement”?

1 2 3 4

25% 25%25%25%1. Where the two parties will continue with the court case

2. Where the two parties will decide what court they will use

3. Where the lawyer settles for his fees

4. Where the two parties agree on terms outside of court

Why would one of the parties want to “settle”?

1 2 3 4

25% 25%25%25%1. To avoid the time and expense of a court case

2. To avoid fighting one another

3. To avoid losing their friendship

4. To ensure that the defendant loses

A local law is called a:

1 2 3 4

25% 25%25%25%1. Statute2. Felony3. Misdemeanor4. Ordinance

If Joe commits murder in North Carolina, what court would he report to?

1 2 3 4

25% 25%25%25%1. A federal court2. A South Carolina

Court3. A North Carolina

Court4. A Supreme Court

What is the “dual court system”?

1 2 3 4

25% 25%25%25%1. Criminal and civil courts

2. Felonious and misdeeming courts

3. State and local courts

4. Federal and state courts

The United States has an “adversarial system” of justice. What does this mean?

1 2 3 4

25% 25%25%25%1. There are two opposing parties in court who are both trying to win

2. There are good people and bad people in the court system

3. There are winners and losers in the court system

4. Felonies and misdemeanors are the only ways to commit crime

What law enforcement agency has jurisdiction over a case involving a serial killer across many different state lines?

1 2 3 4

25% 25%25%25%

1. CIA2. Sheriff3. FBI4. Police

For what type of offense would an individual go to prison and for how long?

1 2 3 4

25% 25%25%25%1. A serious misdemeanor, 1 year or less

2. A serious felony, 1 year or more

3. A petty misdemeanor, 1 year or more

4. A petty felony, 1 year or less

What role can a Grand Jury play in the procedures of a criminal court case?

1 2 3 4

25% 25%25%25%1. The arraignment2. The indictment3. Sentencing4. Delivering the

verdict

I. Criminal Law

1. Govt. against person – prosecution v. defendant– Crime types:• Felony: More serious crime. prison term of more

than one year» Ex. Murder or robbery

• Misdemeanor: Less serious crime. Prison term of less than one year

» Ex. Simple assault or minor theft

2. Guilt or innocence

• “Beyond a reasonable doubt” – If there are any doubts about a defendant’s guilt,

then judge or jury must vote not to convict

II. Civil Law

1. between individuals or groups• Person against person • plaintiff v. defendant

– Civil Action• A lawsuit can be brought by a person who feels

wronged or injured by another person

2. Types

1. Tort Law1. Plaintiff claims a civil wrong

2. Family Law1. Divorce, child custody, marriage

3. “Preponderance of the Evidence”3. The judge or jury needs only to decide if it is more

likely than not that the plaintiff’s complaint is true (lower standard than for Criminal cases)