Chapter 15- Notes

• History
• 12th Grade

Chapter 15: Law in America

Section 1: Sources of American Law

Section 2: Civil Law

Section 3: Criminal Law

Section 4: Rights of the Accused

Section 1: Sources of American Law Vocab

Law 

Constitutional Law

Statute

Ordinance

Statutory Law

Administrative Law

Common Law

Equity

Due Process

Substantive Due Process

Procedural Due Process

Adversary System

Voir Dire

Presumed Innocence

What is law?

- Set of rules and standards by which a society governs itself

Constitutional law- laws that govern our lives and protect our rights. The constitution is the most fundamental and important source of law in the United States

Statutory law- a statute is a law that is written by a legislative branch of gov't. Body of  all such laws passed by the U.S. Congress, state legislatures, and other governing bodies. Called ordinance if passed by city council 

• a consumer’s right to return merchandise,

• speed limits,

• food inspections, and

• minimum working age

Administrative law- spells out the authority of government agencies (Social security admin and the Food & Nutrition Service)

common law- or called case law. Law made by judges as they resolve individual cases 

Legal System Principles

1. Equal justice under the law

2. Due process of the law

3. Adversary system of justice

4. Presumption of innocence

1. every person is entitled to the laws full protection

2. legal requirement that the state must respect all legal rights that are owed to a person

3. the courtroom is the arena and whoever presents the better case wins

4. Innocent till proven guilty (not mentioned in the constitution  but rooted in our legal heritage

Equal Justice Under the Law: 

- The goal of the American court system is to treat all people equal

- 5th- 8th amendment discuss these goals:

     5. Due process, no double jeopardy and no self-                      incrimination

     6. Right to a speedy trial

     7. Right to a jury trial

     8. No excessive bail/ unusual or cruel punishment

1. every person is entitled to the laws full protection

2. legal requirement that the state must respect all legal rights that are owed to a person

3. the courtroom is the arena and whoever presents the better case wins

4. Innocent till proven guilty (not mentioned in the constitution  but rooted in our legal heritage

1. every person is entitled to the laws full protection

2. legal requirement that the state must respect all legal rights that are owed to a person

3. the courtroom is the arena and whoever presents the better case wins

4. Innocent till proven guilty (not mentioned in the constitution  but rooted in our legal heritage

Section 2: Civil Law Vocab

Civil Law

Contract

Expressed Contract

Implied Contract

Real Property

Personal Property

Mortgage

Tort

Plaintiff

Defendant

Injunction

Complaint

Summons

Answer

Discovery

Mediation

Affidavit

Types of Civil Law:

- Civil cases arise when people believe they have suffered an injury or want to prevent a harmful action

- Four types of civil law

     1. Contracts

     2. Property

     3. Family relations

     4. Torts (civil injuries to a person or property)

Example of Civil Law Case

90% of civil lawsuits are settled prior to trial

- settlement

- mediation

- Arbitration

Contracts:

- A set of voluntary promises, enforceable by the law, between parties who agree to do or not to do certain things

     - Gym memberships

     - Buying a car on credit

     - Job

- 3 parts to a contract: Offer, acceptance and consideration (money paid for the offer

Property:

- 5th amendment says individuals have the right to own, buy and sell property

Real Property

Personal Property

Family Relations:

- Marriage, divorce, child custody and child support issues

     - Issues handled by family courts

- Family law is changing as we live in a changing environment 

Torts:

Torts: Any wrongful act (other than breaking a contract) for which an injured person can sue for damages in civil court 

     - Intentional and unintentional

- Intentional torts= Slanders

- Unintentional torts= A joke that ended up injuring someone

  

Chapter 15: Law in America

Section 3: Criminal Law

Section 4: Rights of the Accused

Section 3: Criminal Law Vocab

Criminal Law

Criminal Justice System

Petty Offense

Misdemeanor

Felony

Arrest Warrant

Grandy Jury 

Indictment

Information

Plea Bargaining

Jury

Verdict

Hung Jury

Sentence 

Types of Crime:

- Each state has written laws that spell out what constitutes a crime and the punishments that go with it

     - Petty offenses: minors crimes (illegally parking)

     - Misdemeanors: more serious crimes (stealing                      inexpensive items)

     - Felonies: serious crimes (kidnapping)

  

Steps in a Criminal Case:

- Investigation and arrest

- Initial appearance

- Grand jury or preliminary hearing

- Plea Bargaining (90% of cases solved this way)

- Arraignment: judge reads formal charges

- Trial

- Decision or verdict

- Sentencing

preliminary hearing: the prosecution presents its case to a judge

What do you know about the 3 strikes law?

Three Strikes Law:

- Born out of high number of repeat offenders

- Automatic 25 year sentence or life when a person is convicted of a serious offense 3 times

preliminary hearing: the prosecution presents its case to a judge

Section 4: Rights of the Accused Vocab

Exclusionary Rule

Counsel

Self- incrimination

Double Jeopardy

Search & Seizures:

- Evidence is needed to accuse people of crimes

- 4th amendment: No unreasonable searches and seizures

     - Warrant: Issued by a judge to allow searches,                      wiretapping, electronic surveillance, etc. 

     - Exclusionary Rule: Evidence found illegally cannot            be used

High Schools & Search and Seizures:

- Supreme court has ruled that the 4th amendment can be limited

Habeas Corpus:

- Requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Amendments and the Courts:

- 5th amendment: Cannot self- incriminate yourself and cannot be tried twice for the same crime in the same court . Police must tell you your Miranda rights

- 6th amendment: guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime, meaning he or she can see who is making accusations

- 8th amendment: No cruel or unusual punishment

Landmark Cases:

- Miranda v. Arizona: Protected suspects during police investigations

- Escovedo v. Illinois: If you ask for a lawyer you must get a lawyer (courts appoints a lawyer if you cannot afford one- Gideon v. Wainwright)

- Gregg v. Georgia: Ruled that under adequate guidelines the death penalty is acceptable