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Types of LawsBig Idea: We have several different types of laws in the US that help us determine the severity and jurisdiction of the crime

-Laws are made to deter criminals from committing a crime.

-There are seven different types of law in the United States we do not use the same laws and punishments for every single situation

 

Laws and Why We Have Them

1. How might laws deter a criminal from committing a crime?

2. Why might we not use the same set of punishments for every crime?

Criminal

Civil

Criminal Law1. Criminal Law • A criminal is someone who causes harm to

others• Criminals disrupt social order• Criminal law deters people from committing

future crimes that will disrupt our social order!

• Punishment = jail time and/or monetary fines• Ex.: murder, rape, arsonTwo parts to Criminal Law:1. The Crime (what you actually did)2. The Intent (what you were thinking while

committing the crime – was it accidental? Intentional?)

3. Write your own examples of criminal law below.

4. Why would intent matter when deciding the punishment for a criminal case? Think of an example to illustrate your point.

Civil Law

2. Civil Law• Laws that deal with

relationship conflicts between individuals or businesses

• People are not punished with jail, but with fines

• Ex.: divorce, child custody, etc

5. Criminal or Civil law? Label the terms belowDisrupt social order- Divorce-

Relationship conflict- Family law-

Murder-

Assault- Identity theft-

Child custody- Punishment=jail-

Punishment=payment

Constitutional

Common

International

Constitutional Law

• Deals with interpreting the Constitution

• Is NOT just the Supreme Court, but they are the highest authority about this type of law

• Ex.: integrating schools, no poll taxes, etc

6. What branch of government interprets the constitution again?

7. Give your own example of constitutional law below.

Common Law• Unwritten laws based

on precedent and previous court decisions

• Ex.: Zenger trial

8. What is Precedent?

9. What is the Zenger Trial concerning, and why is it an example of precedent (and therefore common law)?

International Law• Laws that deal with

relationships between the US and other countries

• Ex.: military agreements (48th parallel), treaties, prisoners of war (POWs)

10. Give your own example of international law below.

11. Sort the different scenarios into which law it deals with below:

  Constitutional Common International

Word Box

Interpreting the Constitution Precedent Treaties Unwritten law No poll tax Freedom of speech Prior traditions Prisoners of war Military agreements

Administrative

Statutory

Administrative Law• Rules and laws enforced

by government agencies in the executive branch

• Ex.: food safety (FDA), bleeped words on the radio (FCC)

12. Why are laws regarding government agencies called administrative laws?

Statutory Law

• Laws created by legislatures (federal, state, county, or city)

• Ex.: town curfews, driving license laws, passing the EOCs

13. How can we remember that statutory laws are laws created by legislatures?

14. Administrative or Statutory Laws? laws made by legislatures- government agencies

laws in executive branch-NC state laws-FDA- passing the EOC-

radio doesn’t bleep out words- Driving age-

state laws-

 

Identify which type of lawCommon, criminal, civil, statutory,

constitutional, administrative or international

1. Occupational Safety and Hazard Administration requires all Construction workers to wear hardhats on a site.

2. Slavery is outlawed in the 13th Amendment3. Paris Hilton sues the National Enquirer for libel4. A woman robs the local bank and steals a car to get away5. The United States signs an agreement with North Korea not

to produce any more nuclear weapons6. The NC General Assembly passes a law that all school buses

must stop at railroad tracks7. North Carolina schools were found in violation of the

precedent set in Brown v. Board of Education and told to integrate their schools in 1971

• Which type of law enforces the regulations of government agencies such as the Occupational Safety and Health Administration?

a. civil law b. international lawc. constitutional lawd. administrative law

• Practice Test Questions!

• Which is a case involving civil law?a. Driving without a licenseb. Using illegal contrabandc. Filing for divorced. Taking another’s property

• Which type of law is represented by the Americans with Disability Act?

a. constitutional b. Commonc. criminald. statutory

• Which type of law is illustrated by the court case of Marbury v. Madison (1803) which established the power of judicial review?

a. civil b. Commonc. Constitutionald. criminal

• Which impact did common law have on the legal system?

a. It created a legal code.b. It created harsher punishments.c. It created precedents that became law.d. It created a system of checks and

balances.

• In a common-law system, what does a judge refer to when applying the law to particular cases in the courtroom?

a. The argument of the plaintiffb. Legal precedentsc. Opinions of local citizensd. Economic status

1. Which choice best expresses the difference between a statutory law and common law?

a. Statutory law is passed by a legislature but common law is not

b. Common law is passed by a legislature but statutory law is not

c. Statutory law applies to serious crimes and common law does not

d. Administrative law is statutory law and not common law

3. A person who borrowed money and signed a contract to repay it has not done so. Which choice best names the kind of law that would cover this case if you sued that person for repayment?

a. Administrativeb. Statutory Lawc. Civil Lawd. Criminal law