Legal Rights and Legal Rights and ResponsibilitiesResponsibilities

The American Legal SystemThe American Legal System

Civil and Criminal LawCivil and Criminal Law

Source of LawSource of LawThe Source of our LawsThe Source of our Laws Gov’t should operate on rules and lawsGov’t should operate on rules and laws The purpose of laws is to keep the peace and prevent The purpose of laws is to keep the peace and prevent

violent actsviolent actsset punishmentsset punishments American law is traced back to three types in early American law is traced back to three types in early

historyhistory Code of HammurabiCode of Hammurabi- First system of written law (harsh - First system of written law (harsh

penalties)penalties) Roman LawRoman Law- created a study of law (- created a study of law (jurisprudencejurisprudence))

• Code of JustinianCode of JustinianNapoleonic CodeNapoleonic Code

English LawEnglish Law- most important source of American law- most important source of American law• Common LawCommon Law- law based on court decisions rather than legal code- law based on court decisions rather than legal code• Judges set Judges set precedentsprecedents, or legal traditions, or legal traditions• Eventually, English governments records these decisions, called Eventually, English governments records these decisions, called

statutesstatutes

Types of LawTypes of Law 2 types of law2 types of law

Criminal LawCriminal Law- laws that try - laws that try to prevent people from to prevent people from deliberately harming each deliberately harming each otherother

• Government is always Government is always the the plaintiffplaintiff (group that (group that presses charges)presses charges)

• Individual being sued is Individual being sued is the the defendantdefendant (State of (State of NC vs. John Jones)NC vs. John Jones)

• Crimes are Crimes are feloniesfelonies (rape, kidnapping, (rape, kidnapping, murder) or murder) or misdemeanormisdemeanor (vandalism, stealing)(vandalism, stealing)

Types of LawTypes of Law

Civil LawCivil Law- Involve disputes between - Involve disputes between people in which no criminal law has been people in which no criminal law has been brokenbroken

• If a civil case goes to court it is a lIf a civil case goes to court it is a lawsuitawsuitperson person sues to collect damages for something that was sues to collect damages for something that was done to them (money owed for broken agreement)done to them (money owed for broken agreement)

• TortsTorts- civil wrongs- civil wrongs falling on ice in neighbors falling on ice in neighbors drivewaydriveway

Types of LawTypes of Law

Public Law vs. International LawPublic Law vs. International Law Public Law involves rights guaranteed in the Public Law involves rights guaranteed in the

ConstitutionConstitution Constitutional law dictates how the government Constitutional law dictates how the government

worksworks Administrative Law- rules that gov’t must issue to Administrative Law- rules that gov’t must issue to

carry out their jobscarry out their jobs Statutory Law- written rulesStatutory Law- written rules

International Law- treaties and agreements International Law- treaties and agreements among nationsamong nations

American Legal SystemAmerican Legal System

The American Legal SystemThe American Legal System Legal rights transferred from England to Legal rights transferred from England to

American coloniesAmerican colonies Courts rely on written statutes, not Courts rely on written statutes, not

unwritten common lawunwritten common law US Constitution is supreme law of the landUS Constitution is supreme law of the land Courts use “Courts use “stare decisisstare decisis”” let the let the

decision to stand- to judge casesdecision to stand- to judge cases

American Legal SystemAmerican Legal System

Article I makes promises to citizensArticle I makes promises to citizens Writ of Habeus CorpusWrit of Habeus Corpus- right to be told what you are - right to be told what you are

being arrested forbeing arrested for No Bills of AttainderNo Bills of Attainder- laws that punishes a person of - laws that punishes a person of

a crime without having a trial firsta crime without having a trial first No Ex Post FactoNo Ex Post Facto- Courts cannot make something a - Courts cannot make something a

law after the action has been committedlaw after the action has been committed Bill of RightsBill of Rights Due ProcessDue Process- certain steps must be followed when - certain steps must be followed when

accusing someone of crimesaccusing someone of crimes Equal treatment under the lawEqual treatment under the law

Rights of the AccusedRights of the Accused

Rights of People Rights of People Accused of CrimesAccused of Crimes

Fourth AmendmentFourth Amendment No unreasonable No unreasonable

searches and seizuressearches and seizures Police must have a Police must have a

search warrant- with search warrant- with probable causeprobable cause

Mapp vs. OhioMapp vs. Ohio- police - police cannot use evidence in cannot use evidence in a trial if gained by a trial if gained by illegal methodsillegal methods

Rights of the AccusedRights of the Accused

Fifth AmendmentFifth Amendment No self incrimination, No self incrimination,

Double Jeopardy, and Double Jeopardy, and Grand JuriesGrand Juries

Miranda vs. Miranda vs. ArizonaArizona pleading pleading the fifththe fifth

A grand jury decides A grand jury decides whether the gov’t has whether the gov’t has enough evidence to enough evidence to convict someone of a convict someone of a crimecrime

Rights of the AccusedRights of the Accused

Sixth AmendmentSixth Amendment Legal Counsels and TrialsLegal Counsels and Trials Gideon vs. WainwrightGideon vs. Wainwright Those arrested must be Those arrested must be

made aware of crime made aware of crime committed and brought to committed and brought to trial quicklytrial quickly

Defendants can choose to Defendants can choose to not have a jury trial and not have a jury trial and have the judge decide their have the judge decide their casecase

Rights of the AccusedRights of the Accused

Eighth AmendmentEighth Amendment Outlaws cruel and unusual punishmentsOutlaws cruel and unusual punishments Prohibits excessive bailProhibits excessive bailmoney arrested money arrested

person pays to be temporarily released while person pays to be temporarily released while awaiting trialawaiting trial

Civil CasesCivil Cases

Plaintiff vs. DefendantPlaintiff vs. Defendant PlaintiffPlaintiff is the person bringing the is the person bringing the

lawsuitlawsuitclaiming to have suffered damages and claiming to have suffered damages and lost moneylost money

DefendantDefendant is the party being sued is the party being suedargues that argues that they are not responsible to lossesthey are not responsible to losses

No criminal act has been committed in civil No criminal act has been committed in civil casescases

Civil lawsuits deal with negligence and providing Civil lawsuits deal with negligence and providing equalityequality

Civil CasesCivil Cases

How Civil Cases WorkHow Civil Cases Work Bringing SuitBringing Suit

Hire lawyerHire lawyer File a complaintFile a complaint Court summons the defendant (Court summons the defendant (subpoenasubpoena)) Defendant responds to the complaint (Defendant responds to the complaint (pleadingspleadings)) Judges call a pretrial conference with both partiesJudges call a pretrial conference with both parties Sometimes a suit is dropped, sometimes a Sometimes a suit is dropped, sometimes a

settlementsettlement decided (money), sometimes the trial decided (money), sometimes the trial continuescontinues

Most cases are settled before case ever comes to trialMost cases are settled before case ever comes to trial

Civil CasesCivil Cases

TrialTrial Plaintiff presents their case, then the Plaintiff presents their case, then the

defendantdefendant Plaintiff muse convince judge and jury that Plaintiff muse convince judge and jury that

there is enough evidence that the defendant there is enough evidence that the defendant was responsible was responsible

Decision is madeDecision is made AppealAppeal

If losing side is unhappy with decision, they If losing side is unhappy with decision, they may appealmay appeal

Criminal CasesCriminal Cases

Crime is an act that breaks a federal or Crime is an act that breaks a federal or state criminal law and causes harmstate criminal law and causes harm

Criminal laws are written in a state’s Criminal laws are written in a state’s penal penal codecode

Criminal CaseCriminal Case

What Happens in a Criminal CaseWhat Happens in a Criminal Case1. Arrest1. Arrest- police arrest and book suspect- police arrest and book suspect

Miranda vs. ArizonaMiranda vs. Arizona

2. Preliminary Hearing2. Preliminary Hearing- suspect appears before - suspect appears before a court and bail is seta court and bail is set

3. Indictment3. Indictment- Grand Jury hears evidence and - Grand Jury hears evidence and formally charges the suspect with the crimeformally charges the suspect with the crime

4. Arraignment4. Arraignment Defendant pleads not guilty- trial date setDefendant pleads not guilty- trial date set Defendant pleads guilty and accepts a Defendant pleads guilty and accepts a plea plea

bargainbargainplead guilty, but to a lesser chargeplead guilty, but to a lesser charge

Criminal CaseCriminal Case

5. Trial5. Trial- Prosecution and defense present the - Prosecution and defense present the cases to jury or judge, and they reach a verdictcases to jury or judge, and they reach a verdict

6. Verdict and Sentencing6. Verdict and Sentencing AcquittalAcquittal- Defendant found not guilty and goes free- Defendant found not guilty and goes free SentencingSentencing- Defendant found guilty and judges - Defendant found guilty and judges

sentences defendantsentences defendant Hung JuryHung Jury- when a jury cannot agree on a verdict - when a jury cannot agree on a verdict

and must decide whether to have another trial or and must decide whether to have another trial or dismiss chargesdismiss charges

If found guilty, defendant will often appeal the If found guilty, defendant will often appeal the verdictverdict