Chapter 1 Overview

Process of Ethical Decisions

Primary sources of U.S. Law

Understanding the Court System

How the Legal System Works – Part 2 Difference between a Civil Trial and Criminal Trial

Chapter 1 –The Foundation of Law

If people used ethical behavior all the time, there would be no need for laws.

Ethics tell you what you ought to do. However, people don’t always do what they are supposed to, so governments create laws.

THE GREATEST GOODTHE GOLDEN RULE

REAL-WORLD ETHICS

WHERE DO ETHICS COME FROM?

What constitutes ethical behavior?Consider behaviors, character traits, and actions.

Explain the element and comment on which one (Greatest Good, Golden Rule, or Real-World Ethics) guides their decision making most frequently.How do the following elements play a role in ethical decision making?Describe an instance in which you have been affected by the unethical practice of a person, company, or business.

Ethical Character Traits

Character traits can become a compass to help guide you when legal guidelines and moral rules do not help! Honesty – truthful when dealing with others Justice – treating people fairly and equally Compassion – caring about other people & the

situation they are in Integrity – a willingness and determination to do the

right thing

– The Law and the Courts

5 Main Sources of the Law

Constitutional LawCommon LawStatutes and the Civil Law SystemCourt DecisionsAdministrative Regulations

Constitutional Law

A constitution is a country’s formal document that spells out the principles by which its government operates. The U.S. Constitution is the basis of all U.S. laws. It

defines the fundamental rights of citizens.3 branches of the U.S. government and their roles: Legislative Branch – known as Congress, they are responsible

for passing the laws of our country Executive Branch – includes the President and all the

departments of our country – responsible for ensuring that laws passed by Congress are upheld and followed.

Judiciary Branch – Responsible for interpreting the laws passed by Congress and adjudicating criminal cases in federal matters.

Common Law

Common law is a set of laws made by the courts which provide a series of consistent rules that later courts must follow. Early American colonists came from England, so it

was natural for them to use the common law of England.

Court decisions were written down and a body of cases were developed. Judges could then refer to past cases (known as precedent) when making a decision.

Statutes and the Civil Law System

Trace the roots of civil law back to the Roman Empire in the 6th Century.

Unlike common law, civil law is based on statutes rather than court decisions.

A statute is a law passed by a government body that has been made for the purpose of creating laws.

Government body is called a legislature. Statutes order people to do something (wear a seat belt)

And…Statutes say that people cannot do something (Vermont Statute Chapter 79: Article 4102,

No person under the age of 18 may practice tattooing or body piercing.

A tattooist shall not tattoo a minor without the written consent of the parent or guardian of the minor.

Court Decisions

Court-made law also called: Case Law Court Decisions Judge-Made Law

• Courts make laws in 3 ways:Common Law tradition – Decisions made by the highest court of a state are the law of that state.Interpreting statutes – Court must figure out what the statute means.Judicial Review – courts can decide whether laws conflict with the Constitution.

Administrative Regulations

The body of rules created by government agencies Legislators will give the power to regulate certain

activities to an administrative agency. The FCC (Federal Communications Commission) has the

power to regulate radio, television, and cable companies.

Courts for Minors

What kind of court would a teenager have to appear in if he or she commits an offense?

• Why would such a court created?

Court for Minors….

JUVENILE COURTDeals with minors under age 18 and hands down

decision appropriate to their age and level of understanding.

Court Systems in the U.S.

U.S. SUPREME COURTCourt of Appeals for Federal Court

U.S. Court of Appeals State Supreme Courts

U.S. Claims Court U.S. District Courts Intermediate Appellate Courts

U.S. Court of International Trade

General Trial Courts

U.S. Tax Court Lower Trial Courts

Territorial Courts

Court of Military Appeals

Federal Court System

State Court System

Breakdown of U.S. Court System

U.S. Supreme Court Hears appeals from a federal and state court; has original jurisdiction in cases in which a state is a party, and in cases involving American ambassadors

Court of Appeals for Federal Circuit Hears cases on appeal from the U.S. Claims Court and the Court of International Trade

U.S. Claims Court Hears cases from citizens involving claims against the federal government

U.S. Court of International Trade Hears civil cases concerning tariffs and import taxes

U.S. Tax Court Hears cases dealing with tax law

Territorial Courts Hears cases dealing with territorial and federal laws in the territories of the U.S.

Court of Military Appeals Hears appeals of court martials

Hierachy of Court System

U.S. Supreme

CourtU.S. Circuit Court of

Appeals and U.S. District Courts

Vermont State Supreme CourtVermont State Court of Appeals

Superior CourtsDistrict Courts

Municipal Courts and Traffic Violation BureausVermont Family Court

Vermont Environmental Court

Understanding of Terms….

What is the difference between a trial and an appellate court. Trial courts hear testimony, consider the evidence, and decide the facts of the case. A

trial court may sit with or without a jury. A trial in which just the judge hears the case without a jury is called a bench trial. Once a trial court has decided the case, the losing party may appeal the case to an appellate court.

What does the word “jurisdiction“ mean? The derivation of the word "jurisdiction" is from Latin, "to say the law." When a court

has jurisdiction of a case, that court has the power to hear that case. Original jurisdiction is the authority to consider and decide cases in the first instance, as distinguished from appellate jurisdiction, which reviews decisions that have been decided by a lower court.

The jurisdiction of the federal courts is defined by the Constitution and by Congress.

The jurisdiction of the state courts is defined by the Vermont State Constitution and the State Legislature.

State Court Systems

Each state has its own court system. General pattern is the same in all states:

General Trial

Courts

Local Trial Courts

Juvenile Courts

Intermediate

Appellate Courts

State Supreme Courts

Breakdown of Vermont Court System

Vermont Supreme Court Hears appeals of cases that have been decided by other courts

Vermont Superior Court Hears mainly civil cases and small claims of <=$5000

Vermont District Court Hears predominantly criminal cases

Vermont Family Court Hears divorces, juvenile, domestic abuse, and child support cases

Vermont Probate Court Handles the probate of wills, the settlement of estates, adoptions, guardianships, name changes and uniform gifts to minors

Vermont Environmental Court Hears appeals from municipal boards and commissions and also appeals from Act 250* decisions

Vermont Judicial Bureau Has jurisdiction over complaints issued by state and local law enforcement officers: municipal ordinances, traffic tickets, fish and wildlife, hazing,minors possessing alcohol

*Act 250 – Passed by Vt. Legislature in Spring of 1970, also known as Land Use and Development Act.