Chapter 15 & 16

The American Legal System

Purpose of Laws

• To keep society in order• To provide penalties for disorder• To settle disagreements• To provide deterrence to disorder

History of Law• Code of Hammurabi

• King Hammurabi of Babylonia• 282 laws regulating behavior• Oldest written code of law that applied to everyone– 1760 BC• Very harsh rules & punishments

• Religious Code• Ten Commandments, Islamic Law

• Draconian Laws – –Ancient Greek law that had extreme punishments for small crimes

• Justinian Code• Simplified Roman Code of law – based on jurisprudence (theory

of law)• English Common Law

• Primary source of our laws• Based on precedent• Statutes – acts of parliament

Types of Laws• Public or Constitutional– Involves Constitutional questions–Supreme Court

• Administrative Law– Involves laws passed by government agencies–Tax law–Example – Federal Trade Commission has regulations to

protect consumers from harmful products• Statutory Law–Laws passed by legislatures

Types of Laws• Civil – Involve disputes–A fine or amount is paid as the result

• Criminal–Violations of law–Jail sentences are the result–Misdemeanors–Felonies

Civil Cases• One person files a lawsuit against another

• Plaintiff – Person/party filing a lawsuit• Defendant - individual/group being sued or charged with

a crime• Suit of Equity – special case when there are no existing

laws or cases

• Judges decide not juries (usually)• Judge may issue an injunction -a court order commanding

a stop to an action

• Most are settled out of court• Magistrate Judge less than $5,000, District Court less than

$10,000, Superior Court more than $10,000

Criminal Cases• Prosecution & Defendant

• Burden of Proof - is on the prosecution–Prosecution – party who starts the legal proceedings

against another party for a violation of the law. • Must prove guilt beyond a reasonable doubt

–Not a single doubt can exist– Innocent until proven guilty!

Civil Case Procedures1. Bringing the Suit

Plaintiff files2. Summons Sent to Defendant - 3. Defendant’s Response

Pleadings – a defendant’s response to the complaint by admitting fault or denying charges

4. Discovery – each side gathers facts & evidence5. Pretrial Discussions – decide if case should go to court

or be settled6. Trial – both sides present their case7. Verdict –decision of the judge or jury - if plaintiff wins

the judge sets a remedy - fine paid by defendant if found guilty in civil case

8. Appeal – both sides have the right to appeal a decision

Criminal Case Procedures1. Suspect is arrested – Must be read their Miranda

rights2. Preliminary Hearing – judge reads charges & sets bail3. Indictment – grand jury decides on evidence4. Arraignment – defendant enters a plea & trial date is

set5. A plea bargain can be made at this time

defendant agrees to plead guilty to a lesser crime Used to convict someone else

6. Discovery – both sides gather evidence7. Jury is selected8. Trial

Trial1. Prosecution makes an opening statement first2. Defense then makes their opening statement3. Prosecution calls witnesses for testimony –

statement a witness makes under oath Defense can cross-examine – question a witness at

trial or hearing to check or discredit testimony

4. Prosecution rests5. Defense calls witnesses for testimony

Prosecution can cross-examine6. Defense rests7. Both sides make closing statements

Trial cont. 8. Jury Decision – Verdict–Jury first deliberates – jurors review evidence and legal

arguments–Must decide guilt beyond a reasonable doubt–Acquittal – jury decides not guilty & defendant is

released – can’t be retried for the same crime–Guilty – date is set for sentencing–Hung Jury – jury can’t decide – this is a mistrial and can

be retried9. Appeal - If the defendant is found guilty, the defense may appeal the verdict to a higher court

Penalties for breaking the law• 4 functions of penalties–Punishment–Protect society–Make examples (deterrence)–Rehabilitation

• State Penal Code – state’s written criminal laws. Crimes are defined. Punishments for each crime spelled out

• Indeterminate Sentence – judge sets a minimum & maximum sentence

• Determinate Sentence – judge sets a specific sentence• Mandatory Sentence – judge sets a sentence in

accordance with state law