List three (3) types of law. Write your name on the sheet and hand in.

What is Common Law?

• Originated in England where judges decide cases based on prevailing customs. Formed the basis for the American Legal System

• Originated in England where judges decide cases based on prevailing customs. Formed the basis for the American Legal System

What is Case Law?

• Case Law: consists of rules of law announced in court decisions- serve as precedents (example for future cases)

• Case Law: consists of rules of law announced in court decisions- serve as precedents (example for future cases)

What is Civil Law?

• Spells out the duties that exist between

citizens and their government• Civil lawsuits seek monetary compensation for

harm suffered because of another’s wrongful action

• Spells out the duties that exist between

citizens and their government• Civil lawsuits seek monetary compensation for

harm suffered because of another’s wrongful action

What is Statutory Law?

• A Law passed by legislature• May originate with national, state legislatures

or local municipalities. • Statutes of lower jurisdictions are subordinate

to the law of higher.

• A Law passed by legislature• May originate with national, state legislatures

or local municipalities. • Statutes of lower jurisdictions are subordinate

to the law of higher.

What is Constitutional Law?

• US Constitution is the supreme law of the land• State Constitutions are supreme within the

state and will only be declared unconstitutional by the Supreme Court.

• US Constitution is the supreme law of the land• State Constitutions are supreme within the

state and will only be declared unconstitutional by the Supreme Court.

What is Criminal Law?

• Has to do with wrongs committed against the public as a whole. Local, state, and national statues prohibit criminal acts.

• Seeks to impose penalty on a person or suspect having violated a criminal law

• Has to do with wrongs committed against the public as a whole. Local, state, and national statues prohibit criminal acts.

• Seeks to impose penalty on a person or suspect having violated a criminal law

What is an Administrative Law?

• Executive agencies can create own laws, (E.P.A., I.R.S., etc.)

• Executive agencies can create own laws, (E.P.A., I.R.S., etc.)

What is Family Law?

• Family law is an area of the law that deals with family-related issues and domestic relations including:

• Marriage, civil unions, and domestic partnerships

• Marriage, including spousal abuse, divorce property settlements, alimony, and custody and juvenile issues.

• Family law is an area of the law that deals with family-related issues and domestic relations including:

• Marriage, civil unions, and domestic partnerships

• Marriage, including spousal abuse, divorce property settlements, alimony, and custody and juvenile issues.

Do Now:

• What is a precedent?• Name an agency that enforces administrative

law• What type of law deals with divorce?• What type of law is our nation based on that

states that all laws apply to all citizens equally?

• What is a precedent?• Name an agency that enforces administrative

law• What type of law deals with divorce?• What type of law is our nation based on that

states that all laws apply to all citizens equally?

Enforcing Laws: Types of Courts

• U.S. District Courts: trial courts. • U.S. Courts of Appeal: circuit courts of appeals.

They do not hear testimony. They review the record of the lower court to determine if the lower court made any mistakes.

• U.S. Supreme Court: Highest Court in the land. Consists of nine justices who are nominated by the President and confirmed by the Senate.

• Limited Jurisdiction Courts: Limited to type, family law, small claims, etc.

• U.S. District Courts: trial courts. • U.S. Courts of Appeal: circuit courts of appeals.

They do not hear testimony. They review the record of the lower court to determine if the lower court made any mistakes.

• U.S. Supreme Court: Highest Court in the land. Consists of nine justices who are nominated by the President and confirmed by the Senate.

• Limited Jurisdiction Courts: Limited to type, family law, small claims, etc.

What kinds of Authority do Courts Have?

• Jurisdiction: the authority of the court to decide a certain case. – Original Jurisdiction: first time the court hears a case– Appellate Jurisdiction: when the court reviews a case– Federal Jurisdiction: cases involving claims based on the

Constitution and Federal Crimes.– Concurrent Jurisdiction: both federal and state government

have jurisdiction. Federal government outranks state• State Issues: adoption, divorce, criminal• Federal Crimes: bankruptcy, patents, copyrights, suits

against the U.S. Govt, terrorism

• Jurisdiction: the authority of the court to decide a certain case. – Original Jurisdiction: first time the court hears a case– Appellate Jurisdiction: when the court reviews a case– Federal Jurisdiction: cases involving claims based on the

Constitution and Federal Crimes.– Concurrent Jurisdiction: both federal and state government

have jurisdiction. Federal government outranks state• State Issues: adoption, divorce, criminal• Federal Crimes: bankruptcy, patents, copyrights, suits

against the U.S. Govt, terrorism

What does the Justice Dept. Do?

• Prosecutes the offender• Headed by the Attorney General; prosecuting

attorney/district attorney actually handles the cases

• Works for the government on behalf of the people

• Prosecutes the offender• Headed by the Attorney General; prosecuting

attorney/district attorney actually handles the cases

• Works for the government on behalf of the people

What does a District Attorney Do?

• Prosecutes the accused violator of state law• Assists police in uncovering crimes• Determines which individuals arrested should

be charged with crimes.

• Prosecutes the accused violator of state law• Assists police in uncovering crimes• Determines which individuals arrested should

be charged with crimes.

What is Criminal Process?• Arrest: unless one is caught in the act a warrant must be

issued– Probable cause must exist before a warrant is issued– Must have some evidence; fingerprints, witnesses,

statements, etc.• Indictment: being formally charged with having

committed specific crimes– Usually issued by the Grand Jury: consists of 12 -23 citizens

that hear evidence and decide if the person should be charged, majority vote

• Arraignment: procedure in which defendants come before a judge and hears the charges against them and then enters a plea of guilty or not guilty.

• Arrest: unless one is caught in the act a warrant must be issued– Probable cause must exist before a warrant is issued– Must have some evidence; fingerprints, witnesses,

statements, etc.• Indictment: being formally charged with having

committed specific crimes– Usually issued by the Grand Jury: consists of 12 -23 citizens

that hear evidence and decide if the person should be charged, majority vote

• Arraignment: procedure in which defendants come before a judge and hears the charges against them and then enters a plea of guilty or not guilty.

What are Miranda Rights?

• The Miranda warning is a warning given by police to criminal suspects in police custody before they are interrogated

• Made into U.S. law following the 1966 Miranda v. Arizona Supreme Court decision

• Miranda warnings do not need to be administered when there is an imminent threat to public safety.

• The Miranda warning is a warning given by police to criminal suspects in police custody before they are interrogated

• Made into U.S. law following the 1966 Miranda v. Arizona Supreme Court decision

• Miranda warnings do not need to be administered when there is an imminent threat to public safety.

What kinds of Trials are there?What kinds of Trials are there?• Bench Trial: a judge hears the evidence and decides

whether the defendant is guilty or not guilty

• Trial Jury or Petit Jury: 12 person jury determines guilty or not guilty based on the evidence presented

• Jury Selection: serving on a jury is a responsibility of citizenship– Jurors are randomly selected from voter registration lists– Lawyers ask questions to a pool of jurors and then decide who

will be selected to serve. Many people who are called for jury duty do not actually serve.

• Bench Trial: a judge hears the evidence and decides whether the defendant is guilty or not guilty

• Trial Jury or Petit Jury: 12 person jury determines guilty or not guilty based on the evidence presented

• Jury Selection: serving on a jury is a responsibility of citizenship– Jurors are randomly selected from voter registration lists– Lawyers ask questions to a pool of jurors and then decide who

will be selected to serve. Many people who are called for jury duty do not actually serve.

12 Angry Men

• What kind of trial is going on?• Who are the people in the room?• What do they have to decide?• How many need to agree in order to make a

decision?• What are the personal issues that are getting in

the way of their decision? (List at least 4)

Debate

• Extra Credit: Dressing up, visuals• Quote – Begin with a hook – something

persuasive to win over your audience!• Use statistics within your arguments• Closing statements – similar to an attorney’s

closing statements – leave them with a strong impression