What are four things that laws do?
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What makes a law a good law?
fair, reasonable, understandable, enforceable
What is the name of the first system of written laws?
Code of Hammurabi
How did Roman law spread around the world?
As civilizations took it over, they took and adapted the laws
What effect did French emperor Napoleon Bonaparte have on the Justinian Code?
Napoleon updated the Justinian
Code and called it the Napoleonic Code.
Like the ancient Romans, Napoleon carried
his laws to all the lands he controlled. One
of those lands was Louisiana, an American
territory which France eventually sold to the
United States in 1803. The laws of the state of
Louisiana are still based on the Napoleonic
Code.
What was the most important source of American law?
english law
What is the Common law?
law based on court decisions rather
than on a legal code. In other words, it is a
system of analyzing how a previous judge
applied a law, and using it later in the same
manner.
Define: precedent.
legal opinions that became part of the common law.
List and define the three types of law.
civil- concerned with disputes
between people (or groups of people) or
between the government and its citizens. affect americans directly
public- concerns alleged violations of constitutional rights and disputes involv-
ing the actions of government agencies.
criminal- seek to prevent people
from deliberately or recklessly harming one
another or one another's property.
What is an Adversary (adversarial) court system?
the courtroom serves as
an arena in which lawyers for opposing sides
try to present their strongest cases. The judge
has an impartial role and should be fair to
both sides.
In a court case, what is the difference between the plaintiff and the defendant?
the government is
always the plaintiff�the party that brings
the charges against the accused. The individual or
group accused of a crime is the defendant.
What is the difference between a felony and a misdemeanor?
serious crimes are felonies because they have
serious consequences for the victim and the
criminal. Misdemeanors are offenses such
as vandalism or stealing inexpensive items.
Typically, misdemeanors are punishable with
a fine or a jail sentence of less than one year.
What are four examples of felonies?
murder, rape, arson, robbery
What is the difference between larceny, robbery, and burglary?
Larceny is the unlawful taking away of another person's property with the intent never to return it. Robbery is the taking of property from a person's possession by using force or threats, while burglary is the unlawful entry into any dwelling or structure with the intention to commit a crime.
What is a legal case called when it goes to court?
lawsuit
What situation is an example of tort law?
you slip on ice on your neigh-
bor's sidewalk and break a leg. According to
your local law, property owners are respon-
sible for keeping their sidewalks clear of ice.
If your neighbor does not do this and you are
injured as a result, you have a right to sue and
recover, or get back, the costs of your medical
treatment and other damages.
Which American fought against segregation: John Peter Zenger or Ida Wells-Barnett?
Ida
Define: Constitutional law, Administrative law, and statutory law.
c- applies to that branch of the law dealing with the formation, construction, and interpretation of constitutions. cases involve constitutional
law decide the limits of the government's
power and the rights of the individual.
a- rules and regulations that the executive branch must make to carry out its job. It might include an individual charging a government agency with wrongdoing.
s- regulate our behavior by setting speed limits and specifying rules for inspecting food products. Statutes are also the source of many of the rights and benefits we take for granted,
Define AND explain: stare decisis.
let the decision stand; decide based off of precedent and make precedent
What is an ex post facto law?
a law
that would allow a person to be punished for
an action that was not against the law when
it was committed.
What do the Fifth and Fourteenth Amendments guarantee?
due process of law
Why do Americans need to fulfill their legal responsibilities?
we ensure
that our legal system works as it should and
that our legal rights are protected.
What is a search warrant?
a judge's authorization�specifying the exact place to be searched and describing what objects may be seized.
What is the purpose of a grand jury?
to decide whether the
government has enough evidence to bring
them to trial.
What is the term for the negotiation between a defense attorney and a prosecutor to reduce a defendant's sentence?
Plea
bargaining
What did the Supreme Court determine in the case Furman v. Georgia?
the death penalty as
then administered was not constitutional.
The Court found that the death penalty was
being imposed in unfair ways, for a wide
variety of crimes, and mainly on African
Americans and poor people.
Why might a judge deny bail?
judge considers the seriousness of the case,
the criminal record of the accused, and the
ability of the accused to post bail.
Why does someone file a civil suit?
In civil cases the plaintiff claims to have suffered a loss or injury to themselves and usually seeks
damages, an award of money from the defen-
dant. The defendant argues either that the loss or injury did not occur or that the defendant is not responsible for it.
What is the first step in a civil lawsuit?
retaining or hiring a lawyer who files a complaint w the court
Define: complaint and summons.
The complaint is a statement naming
the plaintiff and the defendant and describ-
ing the lawsuit. The court sends the defen-
dant (the city) a summons, a document that
announces that the defendant is being sued,
and sets a date and time for an appearance
in court.
What occurs during the discovery process in a lawsuit?
Before
going to trial, the lawyers on each side have
an opportunity to check facts and to gather
evidence by questioning the other party and
possible witnesses.
What is the usual result of a settlement?
parties agree on an
amount of money that the defendant will pay
to the plaintiff.
What happens during mediation?
each side is given the opportunity to explain
its side of the dispute and must listen to the
other side.
What is the goal of the plaintiff during the trial?
present only a "preponderance of
evidence"�enough to convince the judge or
jury that the defendant more likely than not
was responsible for the incident that caused
the damages or injury.
What occurs after the lawsuit if the defendant wins?
the plaintiff gets nothing and must
pay court costs for both sides of the lawsuit.
Define: crime.
act that breaks a federal or state criminal law
and causes harm to people or society.
What is the penal code?
Crimes are defined in
each state's written criminal laws, called the
penal code. A state's penal code also spells
out the punishments that go with each crime.
What are four functions of criminal penalties?
provide punishment so
that a criminal pays for an offense
help protect society by keeping dangerous
lawbreakers confined, or enclosed, in prison.
keep other people from committing the same crimes by serving as warnings to deter others
help prepare lawbreakers to reenter society after their prison terms have ended.
For what reasons do some people criticize mandatory sentencing?
claim that in some cases,
the judge should be able to impose harsher
sentences than the law directs.
What happens when a person is booked?
Charged with a crime; fingerprint
and photograph the suspect. During that
time he or she is allowed to call a lawyer. If
the suspect cannot afford a lawyer, the state
must provide one.
What are three pleas a defendant can make at an arraignment?
guilty, not guilty, no contest
What process do lawyers use to make a witness's testimony unreliable or untrue?
cross examine
What happens if a jury cannot decide on a verdict?
hung jury and mistrial
Define: acquittal.
a vote of not guilty, after which
the defendant is immediately released.
What is the term for young people who commit crimes?
juvenile
delinquents
What the primary goal of juvenile courts?
to try to rehabilitate,
or correct a person's behavior, rather than
punish a person.
What are two types of cases that juvenile courts handle?
Neglect and Delinquency
What happens to a juvenile who is diverted from the court system?
put into special programs that offers counseling, job
training, and drug-treatment programs to
which young people can be diverted.
How does the court system protect juveniles?
entitled to a jury trial; judge alone makes
the determination as to whether the juvenile
is delinquent; closed to the public and kept secret; not fingerprinted or photo-
graphed when they are arrested.
What happens when a juvenile successfully completes probation?
the charges will be dropped and
removed from the record.