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Section 1-Main Idea
Guide to Reading
Big Idea
Throughout history, civilizations have developed systems of laws to meet their needs.
Section 1
• Functions of laws:
– Define what is and is not permissible
– Set punishments meant to discourage potential criminals
– Administration of justice through law enforcement agencies and courts
– Establish rules for settling disagreements over non-criminal matters
Functions of Laws (cont.)
Section 1
• Characteristics of good laws:
– Fair to everyone
– Reasonable punishments
– Understandable by the public
– Enforceable by community, state, or federal authorities
Functions of Laws (cont.)
Section 1
History of Law (cont.)
• The laws of early societies influence legal systems today.
• Earliest laws
– Unwritten ideas, traditions, and customs probably served as a kind of law for early societies
– Passed orally from generation to generation
Section 1
• Early systems of written law:
– Code of Hammurabi compiled by King of Babylonia, 1760 B.C.
– Ten Commandments of Hebrew Bible
– First code of Roman law published, 450 B.C.
History of Law (cont.)
Development of Legal Systems
Section 1
• Imperial expansion spreads Roman law through Europe, Africa, and Asia.
• Code of Justinian, A.D. 533:
History of Law (cont.)
– Basis for law in Byzantine Empire
– Becomes part of canon laws of Roman Catholic Church
– Updated by Napoleon in Napoleonic Code
Section 1
• English system of common law:
– Most important source of American law
– Begins to take shape after Norman Conquest of England
– Law based on precedents established by court decisions rather than a legal code
History of Law (cont.)
Section 1
– English common law incorporates Roman and canon law
– Basic principles of individual rights evolve
– Statutes come to dominate system, common law still significant
– Brought to North America in 1600s and 1700s by English settlers
History of Law (cont.)
Section 1
Do you agree that legal systems based on common law are fairer than systems based on a legal code?
A. Agree
B. Disagree A. A
B. B0%0%
Section 2
Criminal and Civil Law
Criminal laws help maintain a peaceful and orderly society, while civil laws involve disputes between people or groups.
Section 2
Criminal and Civil Law (cont.)
• Two types of law directly affect Americans—criminal law and civil law.
Section 2
• Criminal law:
– To prevent people from deliberately or recklessly harming one another or one another’s property
– Government always the plaintiff
– Accused individual or groups are defendants
Criminal and Civil Law (cont.)
Section 2
– Based on idea that society is a victim when a crime is committed
– 95 percent of U.S. criminal trials are for violations of state laws.
– Titling of cases: state v. defendant
Criminal and Civil Law (cont.)
Section 2
• It is an adversary system:
– Lawyers for opposing sides present their strongest case
– Judge has impartial role
– System has critics and defenders
Criminal and Civil Law (cont.)
Section 2
• Classification of crimes:
– Felonies are more serious crimes, such as murder.
– Misdemeanors are minor infractions, such as vandalism.
Criminal and Civil Law (cont.)
Section 2
• Crimes against property most common:
– Property is destroyed, such as arson or vandalism
– Property is taken against owner’s will, such as larceny, robbery, burglary
Criminal and Civil Law (cont.)
Section 2
• Civil Law:
– Disputes between people or groups
– No criminal laws have been broken
– Not viewed as threat to society
– When a civil case goes to court, it is called a lawsuit.
– In lawsuits, the plaintiff sues to collect damages for some harm done by the defendant
Criminal and Civil Law (cont.)
Section 2
• Civil cases might involve:
– Contracts
– Torts
– Family law
Criminal and Civil Law (cont.)
Section 2
• Champions of legal rights:
– John Peter Zenger (libel and freedom of the press)
– Ida Wells-Barnett (civil rights)
Criminal and Civil Law (cont.)
Section 2
Other Types of Law
Laws protect your rights and enforce rules and statutes.
Section 2
Other Types of Law (cont.)
• The laws that govern our lives and protect our rights come from many sources
• Constitutional law
– Cases that concern the limits of government power and the rights of the individual
– Comes from U.S. Constitution
Section 2
• Other sources:
– State constitutions
– Administrative agencies
– Lawmaking bodies
Other Types of Law (cont.)
Section 2
• Administrative law:
– Rules and regulations made by executive branch and its agencies
Other Types of Law (cont.)
• Statutory law:
– Statutes, or laws written by a legislative branch of government
Section 3
Protections in the U.S. Constitution (cont.)
• Americans have both basic legal rights and responsibilities.
• Separation of powers in U.S. Constitution:
– Legislative branch makes law
– Executive branch enforces law
– Judicial branch interprets law
Section 3
• Basis of judicial branch interpretation:
– Written laws
– Judicial precedents
– Stare decisis: “let the decision stand”
Protections in the U.S. Constitution (cont.)
Section 3
• Sources of Americans’ basic legal rights:
– Article I of the U.S. Constitution
– Constitutional Amendments
Protections in the U.S. Constitution (cont.)
Constitutional Rights of the Accused
Section 3
• Article I:
– Provides for writ of habeas corpus
– Forbids bills of attainder and ex post facto laws
Protections in the U.S. Constitution (cont.)
Section 3
• Constitutional Amendments:
– Bill of Rights
– Requirement of equal protection in 14th Amendment
– Due process of law mandated in 5th and 14th Amendments
Protections in the U.S. Constitution (cont.)
Section 3
Guaranteed Rights of Those Accused
The U.S. Constitution includes several protections for Americans accused of a crime.
Section 3
Guaranteed Rights of Those Accused
(cont.)• The U.S. Constitution includes rights that
protect citizens accused of crimes.
• Accused are presumed innocent until proven guilty in a court of law.
Section 3
• Fourth Amendment:
– Protects citizens against “unreasonable searches and seizures”
– Gives Americans right to be secure in their homes and property
– Requires search warrants and probable cause
– Mapp v. Ohio and the “exclusionary rule”
Guaranteed Rights of Those Accused
(cont.)
Vocab1
common law
a system of law based on precedent and customs
Vocab2
precedent
a ruling that is used as the basis for a judicial decision in a later, similar case
Vocab3
statute
a law written by a legislative branch
Vocab4
potential
capable of being or becoming
Vocab5
resolve
to find a solution or reach a decision
Vocab6
tradition
a way of thinking or acting that is long established
Vocab7
plaintiff
a person or party filing a lawsuit
Vocab8
defendant
an individual or group being sued or charged with a crime
Vocab9
felony
a serious crime such as murder, rape, kidnapping, or robbery
Vocab10
misdemeanor
a relatively minor offense such as vandalism or stealing inexpensive items
Vocab11
larceny
the unlawful taking away of another person’s property with the intent never to return it
Vocab12
robbery
the taking of property from a person’s possession by using force or threats
Vocab13
burglary
unlawful entry into any dwelling or structure
Vocab14
lawsuit
a legal action in which a person or group sues to collect damages for some harm that is done
Vocab15
torts
wrongful acts for which an injured party has the right to sue
Vocab16
libel
written untruths that are harmful to someone’s reputation
Vocab17
constitutional law
branch of law dealing with formation, construction, and interpretation of constitutions
Vocab18
prohibition
an order forbidding something
Vocab19
recover
to regain or reclaim
Vocab20
stare decisis
the practice of using earlier judicial rulings as a basis for deciding cases
Vocab21
writ of habeas corpus
a court order that requires police to bring a prisoner to court to explain why they are holding the person
Vocab22
bill of attainder
a law that punishes a person accused of a crime without a trial or a fair hearing in court
Vocab23
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
Vocab24
due process of law
procedures established by law and guaranteed by the Constitution
Vocab25
search warrant
a court order allowing law enforcement officers to search a suspect’s home or business and take specific items as evidence
Vocab26
double jeopardy
putting someone on trial for a crime of which he or she was previously acquitted
Vocab27
grand jury
a group of citizens that decides whether there is sufficient evidence to accuse someone of a crime
Vocab28
plea bargaining
negotiation between the defense attorney and the prosecutor
Vocab29
bail
a sum of money used as a security deposit to ensure that an accused person returns for his or her trial
Vocab30
interpret
to explain or translate
Vocab31
factor
an element contributing to a result
Vocab32
presume
to assume or suppose to be true
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