US GOVERNMENT VOCAB. DEMOCRACY IN ACTION—

CHAPTER 15 THE LAW

THE AMERICAN LEGAL SYSTEM

HISTORY OF LAW

•Code of HammurabiA collection of laws assembled by Hammurabi, King of Babylonia.• Justinian Code The

final Roman legal code.

WHAT IS THE LAW?

• Law Defines the individual's rights and obligations and specifies the ways citizens and government relate to each other.• "equal justice under the law"

Refers to the goal of the American court system to treat all people alike.

… notice the balance scale, the sword, & the blindfold (& why is it a woman?)

RULES OF LAW

•Precedent The earlier ruling in previous cases.• Equity A system of rules

by which disputes are resolved on the grounds of fairness.

DUE PROCESS OF LAW

• Due Process Following established legal procedures.

• Substantive Due Process A kind of shorthand for certain rights, some that are specified in the Constitution and some that are not specified.

• Procedural Due Process principle that prohibits arbitrary enforcement of the law, and also provides safeguards to ensure that constitutional and statutory rights are protected by law enforcement.

… everyone is allowed their day in court

JUDGES & THE LAW

• The Adversary System The trial system in the U.S. and its a contest between opposing sides who present arguments to a judge or jury who determine the truth.• Sentence The punishment to

be imposed on the offender.

PAPERWORK PROCEDURES & THE LAW

• Injunction a court order that forbids a defendant to take or continue a certain action.

• Complaint A legal document filed with the court that has jurisdiction over the problem.

• Affadavits Written statements to verify to prove statements or facts.

• Information A sworn statement by the prosecution asserting that there is enough evidence.

PROCEDURES OF THE LAW

• Presumed Innocence The idea that a person is innocent until proven guilty.

• Answer The formal response to the charges in complaint.

• DiscoveryPreparing for trial (both sides).• Mediation Each side is given the

opportunity to explain its side of the dispute.

• Indictment A formal criminal charge

*some indictments include a long list of charges, or a few, or just one

TYPES OF LAW

• Constitutional Law Branch of law dealing with formation, construction, and interpretation of constitutions.

• Statutory Law The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

• Administrative Law the body of rules and regulations and orders and decisions created by administrative agencies of government

• Common Law Law made by judges in the process of resolving individual cases.

• Civil Law Disputes between two individuals or an individual and the government.

• Criminal Law The government charges someone with a crime and is always the prosecution.

THE JURY SYSTEM & THE LAW

• Grand Jury A group of citizens that review the prosecution's allegations.• Jury A group of citizens who hear

evidence during a trial in order to decide guilt or evidence.• Verdict Decision of jury.• Hung Jury When the court cannot

agree on a verdict.

It’s your right & duty to serve on a jury

CRIMES & THE LAW

• Criminal Justice System The system that enforces the criminal law.• Petty Offenses Minor crimes.• Misdemeanors Slightly serious

crimes.• Felonies Serious Crimes.• Arrest Warrant A warrant

given by a judge to arrest someone.

CIVIL LAW (The Kind Where You Can Sue)• Contract A binding agreement between two

or more persons that is enforceable by law.• Implied Contract Terms are not expressly

stated but are inferred by actions and circumstances.

• Real Property Land and whatever is attached/growing on it.

• Personal Property Movable things and intangible items

• Mortgage A loan to pay for a house.• Tort Any wrongful act other than a breach of

contract for which the injured party can sue.• Summons Notice of where and when a lawsuit is.

PLAYERS – People w/in the System of Law

• Plaintiff The person that brings charges.• Defendant The person that the

case in against.• Plea Bargaining Defendant

pleas guilty to a lesser crime.

--we live in a very litigious society (tending or likely to engage in lawsuits)

GOVERNMENT & THE LAW

•Statute A law written by a legislative branch of government.•Ordinances Statutes passed by city counsels.

--AND ORDINANCES