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Splash Screen
Chapter Menu
Essential Question
Section 1: Sources of American Law
Section 2: Civil Law
Section 3: Criminal Law
Section 4: Rights of the Accused
Chapter Summary
Essential Question
What are the major sources for American law, and what key principles guide our legal system?
Section 1-Content Vocabulary
Content Vocabulary• law
• constitutional law
• statute
• ordinance
• statutory law
• administrative law
• common law
• equity
• due process
• substantive due process
• procedural due process
• adversary system
• voir dire
• presumed innocence
Section 1-Academic Vocabulary
Academic Vocabulary
• invoke
• code
• contradict
Section 1-Reading Strategy
Reading Strategy
As you read, use a time line similar to the one below to list the sources of American law.
A. A
B. B
C. C
D. D
Section 1-Polling Question
What form of constitutional law has the greatest effect on your life as an American citizen?
A B C D
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A. statutory law
B. administrative law
C. common law
D. equity
Section 1
Early Systems of Law
• Law is the set of rules and standards by which a society governs itself.
• The earliest known written laws or rules were based on practices in tribal societies.
• The most well known is the Code of Hammurabi—laws collected by Hammurabi, king of Babylonia, from 1792 to 1750 B.C.
• The Ten Commandments were one of the sources of law for the ancient Israelites.
A. A
B. B
C. C
D. D
Section 1 – DQ1
A B C D
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The set of rules and standards by which a society governs itself are called
A. regulations.
B. legislation.
C. law.
D. codes.
Section 1
Our Local Heritage
• The laws that govern our lives and protect our rights can be classified as follows:
– constitutional law
– statutory law
– administrative law
– common law
– equity
Section 1
Our Local Heritage (cont.)
• The term constitutional law applies to laws that interpret state and national constitutions—first and foremost cases involving the limits of government power and the rights of the individual.
• In the United States, state constitutions were the first to be placed in writing. Of the original 13 states, 11 adopted written constitutions in the years between 1776 and 1780.
Section 1
Our Local Heritage (cont.)
• A statute is a law that is written by a legislative branch of government.
• Statutory law is the body of all such laws passed by the U.S. Congress, state legislatures, and other governing bodies.
• Statutes passed by city councils are called ordinances.
Section 1
Our Local Heritage (cont.)
• Most federal court decisions, including those of the Supreme Court, are related to statutory law.
• Administrative law spells out the authority level and procedures of government agencies.
• The single most important basis of the American legal system is common law, also called case law. It is law made by judges as they resolve individual cases.
Section 1
Our Local Heritage (cont.)
• Equity is a certain set of legal rules or principles that developed over time to supplement and sometimes overrule common law or statutory law in a decision.
A. A
B. B
C. C
D. D
Section 1 – DQ2
A B C D
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What type of law spells out the authority level and procedures of government agencies?
A. administrative law
B. court law
C. statutory law
D. common law
Section 1
Legal System Principles
• Four basic principles underlie how both federal and state courts operate:
– equal justice under the law;
– due process of law;
– an adversary system of justice; and
– the presumption of innocence.
Section 1
Legal System Principles (cont.)
• Equal justice under the law means that the goal of the American court system is to treat all persons alike.
• Due process has two parts:
– Substantive due process is a kind of shorthand for rights that are specified or implied in the Constitution, such as free speech or the right of privacy.
Section 1
Legal System Principles (cont.)
– Procedural due process concerns fairness in the way a case is handled, including giving the affected person the right to be heard on the accusation.
• American court operates under an adversary system of justice—the courtroom is an arena where lawyers for the opposing sides are adversaries and that the lawyer who makes the better case will win.
Section 1
Legal System Principles (cont.)
• Part of what helps a lawyer win a case is doing a good job during voir dire, the jury selection process in which lawyers on both sides interview potential jurors.
• One basic principle of the American justice system is presumed innocence. The burden of proving an accusation falls on the prosecution—defendants do not have to prove their innocence.
A. A
B. B
C. C
D. D
Section 1 – DQ3
A B C D
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What term refers to the fairness in the way a case is handled?
A. common law
B. fairness doctrine
C. procedural due process
D. substantive due process
Section 2-Content Vocabulary
Content Vocabulary
• civil law
• contract
• expressed contract
• implied contract
• real property
• personal property
• mortgage
• tort
• plaintiff
• defendant
• injunction
• complaint
• summons
• answer
• discovery
• mediation
• affidavit
Section 2-Academic Vocabulary
Academic Vocabulary
• phase
• circumstance
• explicit
Section 2-Reading Strategy
Reading Strategy
As you read, create a graphic organizer similar to the one below to list the steps in a civil case that does not go to trial.
A. A
B. B
Section 2-Polling Question
Which type of contract holds the most legal power?
A. expressed contract
B. implied contract
A B
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Section 2
Types of Civil Law
• Civil law concerns disputes among two or more people, or between individuals and the government.
• Civil cases arise when people believe they have suffered an injury or want to prevent a harmful action.
Section 2
Types of Civil Law (cont.)
• There are four important types of civil law:
– contracts;
– property;
– family relations; and
– torts.
Section 2
Types of Civil Law (cont.)
• A contract is a set of voluntary promises, enforceable by the law, between parties who agree to do or not to do certain things.
• In an expressed contract, the terms are specifically stated by the parties, usually in writing.
• In an implied contract, the terms are not stated but can be inferred from what people do and the circumstances.
Section 2
Types of Civil Law (cont.)
• Property law is civil law that deals with the use and ownership of property.
• Real property is land and whatever is attached to or growing on it.
• Personal property is all other property, including movable items like clothes and cars and intangible items like stock and bonds.
• A mortgage is a loan to pay for a house.
Section 2
Types of Civil Law (cont.)
• Family law refers to civil law that deals with family relationships, including marriage, divorce, child custody, and child support issues.
• A tort is any wrongful act (other than breaking a contract) for which an injured person can sue for damages in a civil court.
• There are two major kinds of torts—intentional and unintentional.
A. A
B. B
C. C
D. D
Section 2 – DQ1
A B C D
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Any wrongful act (other than breaking a contract) for which an injured person can sue for damages in a civil court is called
A. a mortgage.
B. a tort.
C. real property.
D. a contract.
Section 2
Steps in a Civil Case
• Civil cases are called lawsuits.
• The plaintiff is the person who brings charges in a lawsuit, called the complaint.
• The defendant is the person against whom the suit is brought.
How a Civil Case is Processed
Section 2
Steps in a Civil Case (cont.)
• In some lawsuits involving equity, the plaintiff may ask the court to issue an injunction—a court order that forbids a defendant from taking or continuing a certain action.
• There are six stages in how a lawsuit proceeds:
– hiring a lawyer;
– filing a complaint;
How a Civil Case is Processed
Section 2
Steps in a Civil Case (cont.)
– pretrial discovery;
– resolution without trial;
– trial; and
– the award.
How a Civil Case is Processed
Section 2
Steps in a Civil Case (cont.)
• The plaintiff sets forth the charges against the defendant in a complaint, a legal document filed with the court that has jurisdiction.
• The defendant receives a summons, an official notice with the date, time, and place of the initial court appearance.
How a Civil Case is Processed
Section 2
Steps in a Civil Case (cont.)
• The defendant’s lawyer may file a motion to dismiss, asking the court to end the suit.
• If the court says no, the defendant must then file an answer, or formal response to the charges within a certain time, usually 10 to 60 days.
How a Civil Case is Processed
Section 2
Steps in a Civil Case (cont.)
• Discovery occurs when both sides prepare for trial by checking facts and gathering evidence for their case.
• Ninety percent of all civil lawsuits are settled before trial through one of several techniques, including settlement, mediation, and arbitration.
How a Civil Case is Processed
• Arbitration is conducted by a professional who acts somewhat like a judge.
• The arbitrator reviews evidence and decides on a solution; the decision usually applies to everyone.
Section 2
Steps in a Civil Case (cont.)
How a Civil Case is Processed
• During mediation, each side is given the opportunity to explain its side of the dispute and must listen to the other side.
A. A
B. B
C. C
D. D
Section 2 – DQ2
A B C D
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A court order that forbids a defendant from taking or continuing a certain action is called
A. an injunction.
B. a tort.
C. a law.
D. a contract.
Section 2
Small Claims Court
• Small claims courts hear civil cases involving claims ranging from $1,000 to $5,000.
• An affidavit is a statement that is written and sworn to in the presence of an authorized person, such as a notary public.
• Winning a judgment in small claims court does not guarantee the collection of a payment.
Section 2
Small Claims Court (cont.)
• If the defendant is unwilling or unable to pay, the plaintiff can get a court order requiring payment and give it to the police or sheriff to enforce the order.
• One trend the National Association for State Courts has noted is an increase in the handling of cases electronically.
E-Filing Court Cases
A. A
B. B
C. C
D. D
Section 2 – DQ3
A B C D
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A statement that is written and sworn to in the presence of an authorized person is
A. an affidavit.
B. a legal statement.
C. a tort.
D. an explanation.
Section 3-Content Vocabulary
Content Vocabulary
• criminal law
• criminal justice system
• petty offense
• misdemeanor
• felony
• arrest warrant
• grand jury
• indictment
• information
• plea bargaining
• jury
• verdict
• hung jury
• sentence
Section 3-Academic Vocabulary
Academic Vocabulary
• method
• citation
• obvious
Section 3-Reading Strategy
Reading Strategy
Create a two-column table. In the first column, list the steps in a criminal case; in the second column, write a brief description of what happens at each step.
A. A
B. B
C. C
Section 3-Polling Question
What type of crimes do you think occupy the most amount of time and resources of local government?
A. petty offenses
B. misdemeanors
C. felonies
A B C
0% 0%0%
Section 3
Types of Crime
• In criminal law cases, the government charges a person with a crime.
• The government is always the prosecutor, and the defendant is the person charged.
• A crime is an act that breaks the law and harms someone or society in general.
• The criminal justice system is the system of state and federal courts, judges, lawyers, police, and prisons responsible for enforcing criminal law.
Section 3
Types of Crime (cont.)
• Petty offenses are minor crimes such as parking illegally, littering, disturbing the peace, minor trespassing, and driving over the speed limit.
• Misdemeanors represent more serious crimes such as vandalism, stealing inexpensive items, writing bad checks for modest amounts of money, or being drunk and disorderly.
Section 3
Types of Crime (cont.)
• Felonies are serious crimes such as burglary, kidnapping, arson, rape, fraud, forgery, murder, or manslaughter
Crime and Law Enforcement, 2004
A. A
B. B
C. C
D. D
Section 3 – DQ1
A B C D
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Serious crimes such as burglary, kidnapping, arson, rape, fraud, forgery, murder, or manslaughter are known as
A. misdemeanors.
B. high crimes.
C. felonies.
D. petty offenses.
Section 3
Steps in Criminal Cases
• The first step in a criminal case is for the police to gather enough evidence to convince a judge to issue a warrant to arrest a suspect.
• A valid arrest warrant lists the suspect’s name and the alleged crime.
• Whenever someone is arrested, he or she must be brought before a judge as quickly as possible to be charged—usually within 24 hours.
Section 3
Steps in Criminal Cases (cont.)
• A grand jury is a group of citizens who review the charges to determine whether there is enough evidence to “hand up” an indictment, or formal criminal charge.
• Today, in misdemeanor cases and in many felony cases, courts use an information rather than a grand jury indictment.
• An information is a sworn statement by the prosecution asserting that enough evidence exists to go to trial.
Section 3
Steps in Criminal Cases (cont.)
• In about 90 percent of all criminal cases, the process comes to an end with a guilty plea because of plea bargaining.
• In this pretrial process, the prosecutor, defense lawyer, and police work out an agreement through which the defendant pleads guilty to a lesser crime in return for the government not prosecuting the more serious crime with which the defendant was originally charged.
Section 3
Steps in Criminal Cases (cont.)
• At the arraignment, the judge reads the formal charge against the defendant in court.
• The defendant then enters one of four pleas:
– not guilty;
– not guilty by reason of insanity;
– guilty; or
– no contest, or nolo contendere.
Section 3
Steps in Criminal Cases (cont.)
• If the plea is “not guilty,” the next stage is the trial.
• A jury is a group of citizens who hear evidence during a trial to decide on guilt or innocence.
• The last step is the decision, or verdict, in the case.
• If the jury cannot agree on a verdict, there is a hung jury, and the court usually declares a mistrial.
Section 3
Steps in Criminal Cases (cont.)
• If the verdict is “guilty,” the judge usually determines the sentence, or punishment for the offender.
State Prison Populations, 2007
A. A
B. B
C. C
D. D
Section 3 – DQ2
A B C D
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A sworn statement by the prosecution asserting that enough evidence exists to go to trial is
A. a warrant.
B. an information.
C. an affidavit.
D. a plea.
Section 4-Content Vocabulary
Content Vocabulary
• exclusionary rule
• counsel
• self-incrimination
• double jeopardy
Section 4-Academic Vocabulary
Academic Vocabulary
• evidence
• precise
• reluctant
Section 4-Reading Strategy
Reading Strategy
As you read, create a table similar to the one below to list the rights of the accused and a brief description about each right.
A. A
B. B
Section 4-Polling Question
Is the exclusionary rule an obstacle to justice in criminal court cases?
A. yes
B. no
A B
0%0%
Section 4
Searches and Seizures
• To protect the innocent from searches, the Fourth Amendment specifies that people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
• The police do not need a warrant to search and arrest someone seen breaking the law, even minor infractions of the law.
• The exclusionary rule excludes illegally obtained evidence from trial.
Section 4
Searches and Seizures (cont.)
• The Supreme Court views wiretapping, eavesdropping, and other means of electronic surveillance to be search and seizure.
• The Writ of Habeas Corpus is a court order that directs an official who has a person in custody to bring the prisoner to court and to explain to a judge why the person is being held.
Section 4
Searches and Seizures (cont.)
• A prisoner must be released unless sufficient cause can be shown to detain him or her.
• Article I, Section 9, of the Constitution guarantees this right and says it cannot be suspended except in cases of rebellion or invasion.
A. A
B. B
C. C
D. D
Section 4 – DQ1
A B C D
0% 0%0%0%
What rule prevents illegally obtained evidence from being used in a trial?
A. the bad evidence rule
B. the unfair evidence rule
C. the exclusionary rule
D. the illegal evidence rule
Section 4
Guarantee of Counsel
• The Sixth Amendment guarantees a defendant the right “to have the assistance of counsel for his defense.”
• In federal cases, the courts provided the counsel, or an attorney.
• The Supreme Court has ruled that whenever a jail sentence of six months or more is possible, the accused has a right to a lawyer at public expense.
A. A
B. B
C. C
D. D
Section 4 – DQ2
A B C D
0% 0%0%0%
In federal cases, the counsel is another name for
A. attorneys.
B. defendants.
C. plaintiffs.
D. the judge.
Section 4
Self-Incrimination
• The Fifth Amendment says that no one “shall be compelled in any criminal case to be a witness against himself.”
• The courts have interpreted this protection against self-incrimination to cover not only criminal defendants, but witnesses who appear before a congressional committee or grand jury.
Section 4
Self-Incrimination (cont.)
• In Miranda v. Arizona (1966), the Supreme Court ruled that the Fifth Amendment requires police to clearly inform suspects of their rights before questioning them.
• Unless they are informed, none of their statements can be used in court.
A. A
B. B
C. C
D. D
Section 4 – DQ3
A B C D
0% 0%0%0%
The Fifth Amendment protects against
A. recrimination.
B. self-incrimination.
C. triple jeopardy.
D. contempt of court.
Section 4
Double Jeopardy
• The Fifth Amendment states in part that no person shall be “twice put in jeopardy of life and limb.”
• Double jeopardy means a person may not be tried twice for the same crime, thus protecting people from harassment.
A. A
B. B
C. C
D. D
Section 4 – DQ4
A B C D
0% 0%0%0%
The term used to indicate that a person may not be tried twice for the same crime, thus protecting people from harassment, is
A. self-incrimination.
B. double jeopardy.
C. jeopardy.
D. double conviction.
Section 4
Debating the Death Penalty
• The Eighth Amendment forbids cruel and unusual punishment. It is the only place in the Constitution where criminal penalties are specifically limited.
Capital Punishment in the United States
• There is debate over whether the death penalty—also called capital punishment—should be considered “cruel and unusual punishment.”
Section 4
Debating the Death Penalty (cont.)
• The Supreme Court has issued a series of decisions upholding the death penalty while at the same time limiting the ultimate punishment to a small category of offenders.
Capital Punishment in the United States
A. A
B. B
C. C
D. D
Section 4 – DQ5
A B C D
0% 0%0%0%
The Eighth Amendment directly forbids
A. corporal punishment.
B. capital punishment.
C. cruel and unusual punishment.
D. the death penalty.
Chapter Summary start
Sources of Law• Constitutional law studies and interprets the
Constitution and resolves the tension between individual rights and government powers.
• Statutory law is created by a governing legislature.
• Administrative law governs the authority and procedures practiced by government agencies.
• Common law is the historical body of legal decisions that provide the basis for current and future decisions.
• Equity law is a system of legal actions based on the principle of fairness.
Chapter Summary
Kinds of Law
Civil Law
• Concerns disputes among two or more individuals or between individuals and the government
• Makes up 90 percent of the cases heard in state courts
• Deals with contracts, property law, family law, and torts
Chapter Summary
Kinds of Law
Criminal Law
• Concerns acts that cause injury or harm to people or to society in general
• The government charges someone with a crime and serves as the prosecution
• Includes petty offenses, misdemeanors, and felonies
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