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CHAPTER #15LAW IN AMERICA

 SECTION #1 SOURCES OF AMERICAN LAW

• Law is the set of rules and standards by which a society governs itself.

• Law is in everything that we do- it resolves conflicts and protects individuals

EARLY SYSTEMS OF LAWWRITTEN LAWS STARTED IN TRIBAL SOCIETIES

1. Code of Hammurabi (King of Babylonia) – the code categorized crime and punishments

2. The Ten Commandments- another source

OUR LEGAL HERITAGE

• We follow1.Constitutional Law- follows the constitution2.Statutory Law- A statute is a law that is written by a

legislative body (sometimes called Roman Law)- cities laws are called ordinances

3.Administrative Law- spells out in authority and procedures of government agencies (who will get welfare or Social Security)

4. Common Law- also called case law- it is a law made by judges and how they resolve individual cases5. Equity- a certain set of legal rules that sometimes overrule common law or statutory law (fairness)

LEGAL SYSTEM PRINCIPLES

• 4 Basic Principles (both state and federal)

1. Equal justice under the law- this states that the goal of the American court system is to treat all people equal regardless of race/color

2. Due Process of Law- Due Process has two parts

1. Substantive Due Process- a kind of short hand for rights that are specified in constitution such as free speech

2. Procedural Due Process- Concerns fairness in the way a case is handled.

3. The Adversary system- (opponents) the better lawyer that makes the best case will win.

Vior Dire- the jury selection process-picking a good jury)

The downside of the adversary system- sometimes lawyers are too focused on winning and ignore the obvious evidence

4. Presumption of Evidence- basic principle of American Justice system- people are presumed innocent until proven guilty

CHAPTER #15 LAW IN AMERICASECTION #2 CIVIL LAW

• Types of Civil Law

1. Contracts

2. Property

3. Family Relations

4. Tort (Civil injuries to person or property)

1. Contracts- Voluntary promises enforced by the law between two parties who agree to do or not to do certain things (EX-credit cards, marriage)

• There are two types of contracts:

1. Expressed Contract- terms are specified and usually stated in writing

2. Implied Contract- not stated but come from what people do and the circumstances are (EX-car fixed)

• Three Basic elements to a contract

1. An offer

2. An acceptance

3. A consideration- usually money

• Property Law- a civil law that deals with the ownership and the use of property

•

• Two types of property

1. Real property- land and whatever is attached and grown on it

2. Personnel Property- all other property (clothes, car, etc)

 

• There are many disputes over property- EX people who discriminate against minorities when it comes to buying or selling, or renting property- illegal based on the Fair Housing Act of 1968

Family Law- deals with family relationships (marriage, divorce, child custody)- family court settles it.

Marriage is a civil contract- in some states same-sex unions are recognized- the laws are ever changing

• Torts or Civil Wrongs

• A tort is any wrongful act (other than breaking a contract) for which an injured person can sue for damages in a civil court (EX- slip/ fall car accidents)

•

• 2 Kinds of Torts

1. Intentional- deliberate slander/ assault/ battery

2. Unintentional- doing harm w/o intention- involves reckless/ careless actions (leaving knife where a child can get it)

STEPS IN A CIVIL CASECIVIL CASES ARE CALLED LAWSUITS

• Plaintiff brings the charge

• Defendant- defends the charges brought against them- they usually seek damages

•

• In some lawsuits the plaintiff may ask the court for an injunction- a court order that forbids a defendant from taking or continuing certain actions (ex- building in a neighborhood that doesn’t want them)

•

• Stages of a civil lawsuit

1. Hire a lawyer

2. File a complaint- legal document filed with the court- states what the defendant did wrong- they will receive a summons for initial court appearance

3. Pretrial discovery- both sides prepare for the case

4. Resolution w/o a trial- (90%) they go through mediation and settle

5. Trial- 6-12 jurors, case could take years- defense answers or asks for a dismissal

6. Award- who wins and how much p426

• Small claims court-Most states have them as a legal alternative, usually asking for between $1-5,000 dollars- it costs $15 to file- the plaintiff has to bring evidence to court to prove their case- if the defendant fails to show up the plaintiff automatically wins the case.

CHAPTER #15SECTION #3 CRIMINAL LAW

• Criminal Law- is the most direct method for controlling crime because it defines criminal acts and spells out punishments for them

• The government charges the person with a crime- the government is always the prosecutor, the defendant is always the person charged

• A crime is an act that breaks the law and harms someone or society in general

• Criminal Justice System- is a system of state and federal courts, judges, lawyers, police, and prisons responsible for enforcing criminal law

• There is a separate Juvenile justice system for those under 18• • Types of Crime

1. Petty offenses- parking illegally/ littering- you get a ticket or citation

2. Misdemeanors- vandalism, stealing- usually fines and jail up to a year

3. Felonies- Serious crimes- kidnapping, arson, fraud- punishable by more than a year in jail

STEPS IN CRIMINAL CASES1. Investigation and arrest- arrest warrants

2. Initial Appearance- after arrest brought before a judge within 24 hours, judge reads charges and explains rights – defendant pleads guilty or not guilty- if they plead not guilty a trial is set- if it is a felony trial it goes straight to a preliminary hearing

3. Preliminary hearing or grand jury-in federal or state courts the case goes to a grand jury- people who decide if there is enough evidence for an indictment or formal charge- in preliminary hearing the prosecutor presents evidence to the judge- either the case moves on or charges are dropped

5. Plea bargaining- 90%of criminal cases end in plea bargaining- an agreement is worked out where the defendant accepts guilt to a lesser crime and the government gives them a break on more serious crimes

• Saves money and time

• Others argue the criminals get off too lightly

• In Santobella vs. NY (1971)-SC says that plea bargain is essential part of the justice system  

6. Arraignment and Pleas- during an arraignment formal charges are read- the defendant is represented by a lawyer- they plead guilty or not guilty

7. Trial- if they plead not guilty then the defendant has a jury trial or a bench trial (judge) – they hear all of the evidence

7. The Decision- Verdict- last step- all jury must agree on guilty or not guilty or it results in a mistrial and a new trial is scheduled

8. Sentencing- if not guilty them they are released, if guilty then the judge sentences them

• Many states have three strikes and out- if you commit three crimes then you get automatic 25 years (Ewing vs. California)

CHAPTER #15LAW IN AMERICASECTION #4 RIGHTS OF THE ACCUSED

• Searches and Seizures

• The police need evidence to accuse people of committing crimes- this requires searching people, places, etc…

• The 4th amendment protects us from unreasonable searches and seizures- so what constitutes unusual searches and seizures?

• The courts take it case by case- usually police would get a warrant before searching for evidence

• 1980 Payton vs. NY- SC ruled that except in life threatening emergencies, the 4th amendment forbids searching homes without a warrant.

• Certain situations do not require a warrant- when someone is breaking the law (car stopped for speeding) or when people put trash out on public streets (California vs. Greenwood 1998) also do not need a warrant for drug testing

• The Exclusionary Rule- excludes illegally obtained evidence from trial- people criticize this because criminals go free because of police mistakes in collecting evidence

• Exclusionary rule doesn’t count if the evidence would have been found legally anyway or if the police had a search warrant

• Court case timeline (p. 437-439)

WIRETAPS AND ELECTRONIC SURVEILLANCE

• Both considered forms of searches- after 1978 they need a warrant for wiretapping and bugging

• Writ of Habeas Corpus- the judge explains why the person is being held- the person must be released if there is insufficient evidence to keep them

• Guarantee of Counsel

• 6th Amendment gives you the right to an attorney

• Cases- Gideon vs. Wainwright- broke into a pool hall, he was too poor to hire a lawyer and he wasn’t granted one so he was convicted- he appealed to the SC and won

• Self- Incrimination- the 5th Amendment- you cannot be forced to testify against yourself (plead the 5th)- you are innocent until proven guilty- it is the prosecutors burden to prove your guilty

• Cases

• Escobedo vs. Illinois 1964 (p440)

• Miranda vs. Arizona 1966 (p441)

• Double Jeopardy- cannot be tried for the same crime twice- however, you could be tried in civil court (ex- OJ Simpson)• Doesn’t count if the jury cannot reach a verdict they

must be tried again