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Chapter Introduction

Section 1 The Sources of Our Laws

Section 2 Types of Laws

Section 3 The American Legal System

Review to Learn

Chapter Assessment

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Chapter OverviewIn Chapter 15 you learn about the importance of laws in the United States. Section 1 describes the history of laws in the United States. Section 2 explains the kinds of laws in the United States. Section 3 analyzes the American legal system.

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Chapter ObjectivesAfter studying this chapter, you will be able to:

• Explain laws.

• Describe the origin of different laws in the United States.

• Describe the American legal system of the United States.

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Guide to Reading

Modern laws that help people in the United States live together peacefully can be traced back to early laws like the Code of Hammurabi, the Code of Justinian, and English common law.

• jurisprudence

Main Idea

Key Terms

• common law • precedent

• statute

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Guide to Reading (cont.)

Organizing Information As you read, take notes on a web diagram like the one on page 344 of your textbook of early laws upon which modern legal systems are based.

• What are the functions of law?

Reading Strategy

Read to Learn

• What early laws influenced modern legal systems?



Ancient tablet depicting King Hammurabi

Functions of Law• American society developed around the

principle of “a government of laws, and not of men.”

• Laws are rules that allow people to live peacefully in society.

• Laws guarantee individual liberties because they are binding on everyone.

• People, organizations, and governments can deal with one another because all know which acts are permitted and which are not.


(pages 344–345)(pages 344–345)

Functions of Law (cont.)

• To discourage criminal acts, laws set punishments and establish a justice system to enforce the laws.

• Laws also set rules to resolve civil disputes.

• To be effective, laws must be fair and treat all people equally.

• They must set punishments that fit the crime.


(pages 344–345)(pages 344–345)

• Ordinary people must be able to understand them, and government must be able to enforce them.

• Most people will obey reasonable laws.

• The Founders based the nation’s system of laws on traditions and laws passed down from generation to generation.



(pages 344–345)(pages 344–345)

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Why is law enforcement easier if the laws are understandable, reasonable, and fair?

If most people understand the laws and believe they are reasonable and fair, most will obey the laws, and law enforcement becomes easier.


(pages 344–345)(pages 344–345)

Early Law• Laws of early human societies were probably

passed to the next generation orally.

• The first known system of written law was the Code of Hammurabi, a collection of 282 laws compiled by King Hammurabi of Babylonia in about 1760 B.C.


(pages 345–347)(pages 345–347)

Early Law (cont.)

• The Hebrews of ancient Palestine followed the Ten Commandments found in the Bible.

• Commandments like “thou shalt not kill” are reflected in our laws today.

• The Romans called their law jurisprudence, a word we use today to mean the study of law.

• As in the Code of Hammurabi, Roman penalties for offenses were drastic.


(pages 345–347)(pages 345–347)

• Over centuries, the Roman senate adopted many laws, and Roman judges wrote commentaries on them, which became part of the law.

• Later Roman emperors created laws by issuing edicts, or commands.

• The laws spread as the Roman Empire grew.


Early Law (cont.)

(pages 345–347)(pages 345–347)

• Emperor Justinian I boiled down Roman law into an orderly body of rules called the Code of Justinian.

• This code became the basis of law for the Byzantine Empire.

• Roman law also became part of the canon law of the Roman Catholic Church.


Early Law (cont.)

(pages 345–347)(pages 345–347)

• More than a thousand years later, French emperor Napoleon updated the Justinian Code and called it the Napoleonic Code.

• Napoleon conquered much of Europe, and the code went with him. Later, Europeans carried it to Asia and Africa.


Early Law (cont.)

(pages 345–347)(pages 345–347)

• American laws are based mainly on the English system of common law, or law based on court decisions rather than on legal code.

• When early English judges heard a case, they looked in the books for a similar case and followed the earlier ruling, or precedent.

• Precedents are legal opinions that became part of the common law.


Early Law (cont.)

(pages 345–347)(pages 345–347)

• English judges blended Roman law and canon law into the body of common law.

• The law came to include basic rights such as trial by jury and innocent until proven guilty.

• As the English Parliament gained power, acts of Parliament–written statutes–came to dominate the English legal system.


Early Law (cont.)

(pages 345–347)(pages 345–347)

• English settlers in North America brought their traditions of common law and citizens’ rights with them.

• Today, common law forms the basis of our legal system, including the tradition of following precedents.


Early Law (cont.)

(pages 345–347)(pages 345–347)


Why does most of the world today live under some form of Roman law?

The Napoleonic Code was an update of the Justinian Code, which was based on Roman law. When Napoleon conquered much of Europe, his code went with him. Later, Europeans carried it to Asia and Africa.

Early Law (cont.)

(pages 345–347)(pages 345–347)

Checking for Understanding

__ 1. a ruling that is used as the basis for a judicial decision in a later, similar case

__ 2. the study of law

__ 3. a law written by a legislative branch

__ 4. a system of law based on precedent and customs

A. jurisprudence

B. common law

C. precedent

D. statute

Define Match the terms on the right with their definitions on the left.

A

D

C

B


Checking for Understanding (cont.)


Explain What did John Adams mean when he said that Massachusetts should have “a government of laws, not of men”?

Government should operate according to established rules rather than the prejudiced feelings of officials.



Identify What three systems of law were based on Roman law?

The Code of Justinian, canon law, and Napoleonic Code were based on Roman law.

Critical Thinking


Drawing Conclusions Why do you think common law predated statute law in the English system of law?

Possible answer: Common law was based on court decisions rather than on a legal code. Statutes came later when Parliament became stronger than the monarchy.

Analyzing Visuals


Interpret Read the time line on page 345 of your textbook. The Justinian Code was written about how many years after the Code of Hammurabi was written?

The Justinian Code was written about 2,200 years later.

CloseSummarize the laws that serve as the base for modern laws.

Guide to Reading

In addition to criminal law, there are other less well-known kinds of law, including civil law, public law, and international law.

• plaintiff

Main Idea

Key Terms

• defendant • felony

• misdemeanor

• lawsuit

• torts


Summarizing Information As you read, define the different kinds of law on a graphic organizer like the one on page 348 of your textbook.

• What actions do various kinds of law govern?

Reading Strategy

Read to Learn

• How do various kinds of law differ?




A collectible sports card

Criminal and Civil Law• Criminal laws seek to prevent people from

deliberately or recklessly harming each other or each other’s property.

• American courts operate on an adversary system.

• Lawyers for opposing sides present their cases.

• The judge plays an impartial role.


(pages 348–350)(pages 348–350)

Criminal and Civil Law (cont.)

• Critics of the adversary system argue that it encourages lawyers to ignore unfavorable evidence.

• Supporters claim that it is the best system to bring out the facts of a case.

• In criminal cases, the government is always the plaintiff–the party that brings charges against the defendant–the individual or group being sued.

• Most criminal cases are titled in terms of the state against the defendant.


(pages 348–350)(pages 348–350)

• Felonies are serious crimes, such as murder, rape, and robbery.

• Misdemeanors are less serious offenses, such as vandalism or stealing inexpensive items.

• Misdemeanors are usually punished with a fine or jail sentence of less than one year.



(pages 348–350)(pages 348–350)

• Civil cases involve disputes between people or groups, in which no criminal laws have been broken.

• A civil case is called a lawsuit–a legal action in which a person or group sues to collect damages for some harm done.

• In civil cases, the plaintiff believes the defendant is to blame for some damage or loss of something of value.



(pages 348–350)(pages 348–350)

• The dispute may involve a contract in which one party believes the other did not fulfill the terms of the agreement.

• Another type of dispute involves torts, or civil wrongs.

• In tort law a person may suffer an injury and claim that another party’s negligence was the cause.

• Family law, another type of civil law, deals with issues such as divorce, child custody, adoption, and child support.



(pages 348–350)(pages 348–350)


Why are criminal cases titled in terms of the state against the defendant?

In criminal cases, the government is always the plaintiff. This is because the American system of justice assumes that society is the victim when a crime is committed. Titling criminal cases this way shows that the government, rather than an individual crime victim, is bringing action against the defendant.


(pages 348–350)(pages 348–350)

Public Law• Public law, or constitutional law, involves

rights guaranteed under the Constitution or spelled out in legislation.

• It guides courts and legislatures when they deal with punishments and fines. Constitutional laws are the highest laws in the land.

• Administrative law includes all the rules and regulations that government agencies issue to carry out their jobs.


(pages 350–351)(pages 350–351)

Public Law (cont.)

• Statutory law includes laws written by the legislatures at all levels of government.

• They establish rules such as speed limits and the minimum age for a work permit.


(pages 350–351)(pages 350–351)


Public Law (cont.)

(pages 350–351)(pages 350–351)

If a defendant claims he was a victim of an unreasonable search and seizure, what kind of case is it? Explain.

It would be a constitutional law case because it involves a possible violation of the Constitution’s Fourth Amendment.

International Law• International law comprises treaties, customs,

and agreements among nations.

• Violations may be brought to the International Court of Justice, or World Court, located in The Hague, the Netherlands.


(page 351)(page 351)

International Law (cont.)

• The United Nations established the World Court to hear disputes that nations bring against other nations.

• The World Court has no enforcement powers. It must rely on the willingness of the parties to accept its rulings.




Would international law be involved in disputes over trade regulations? Explain.

Yes, international law involves disputes between nations. The parties in a trade dispute would most likely be different nations.

International Law (cont.)



__ 1. wrongful acts for which an injured party has the right to sue

__ 2. a person or party filing a lawsuit

__ 3. relatively minor offense such as vandalism or stealing inexpensive items

__ 4. an individual or group being sued or charged with a crime

__ 5. a serious crime such as murder, rape, kidnapping, or robbery

A. plaintiff

B. defendant

C. felony

D. misdemeanor

E. torts


A

D

E

B

C




Contrast What is the difference between criminal and civil law? Who is the plaintiff and defendant in each case? How are the results of each type of case different?

Criminal laws prevent people from harming each other. Civil laws regulate non-criminal behavior. The plaintiff brings the charges. The defendant is the party being accused. Cases tried under civil law are called lawsuits and tort actions. Criminal law offenses are called felonies and misdemeanors.



Identify What does administrative law deal with? Why is administrative law considered part of public law?

Administrative law is the rules that government agencies must issue to carry out their jobs. It is part of public law because an individual can charge a government agency.

Critical Thinking


Making Judgments In the event of a dispute with another nation, do you think the United States should abide by a ruling of the World Court, or should it maintain its independence and do what it thinks is right?

Answers will vary.

Analyzing Visuals


Conclude Reexamine the photographs on page 350 of your textbook. If a Coast Guard patrol should see another nation’s ships violating U.S. territorial waters, what recourse can the United States take?

The United States would bring the case before the International Court of Justice or World Court.

CloseWhich type of laws are most important to individuals?

Guide to Reading

The U.S. Constitution and the American legal system offer vital protections and rights to citizens of the United States, including those accused of a crime.

• stare decisis

Main Idea

Key Terms

• writ of habeas corpus

• bill of attainder • ex post facto law

• due process of law • search warrant • double jeopardy • grand jury

• bail


Summarizing Information As you read, list on a web diagram like the one on page 352 of your textbook the legal protections enjoyed by Americans that are included in Article I and the Bill of Rights of the U.S. Constitution.

• What legal protections are guaranteed by the U.S. Constitution?

Reading Strategy

Read to Learn

• What are the rights of people accused of a crime?




Ernesto Miranda

Legal Protections in the U.S. Constitution• American colonists owed their rights to legal

principles developed in England.

• Although written statutes have replaced common law, courts still refer to common-law principles when no statutes exist for a given issue.

• The Constitution gives each branch of government a role in shaping laws.


(pages 352–354)(pages 352–354)

Legal Protections in the U.S. Constitution (cont.)


(pages 352–354)(pages 352–354)

• Courts base their rulings on written laws and on precedents of earlier cases.

• Judges then use these rulings to decide similar cases in the future. This process is called stare decisis, for “let the decision stand.”

• Article I provides a safeguard against being kept in jail unlawfully.



(pages 352–354)(pages 352–354)

• It includes the writ of habeas corpus, which requires an official who has arrested someone to bring that person to court and explain why he or she is being held.

• Article I forbids enactment of a bill of attainder–a law that punishes a person accused of a crime without a trial or fair hearing in court.



(pages 352–354)(pages 352–354)

• It also forbids an ex post facto law, which would allow a person to be punished for an action that was not against the law when it was committed.

• The Fifth and Fourteenth Amendments guarantee due process of law–the government may not take our lives, liberty, or property without the proper exercise of law.



(pages 352–354)(pages 352–354)

• The equal protection clause of the Fourteenth Amendment requires the government to treat all people equally, regardless of gender, race, or religion.

• A person can be convicted of treason for waging war against the U.S., joining its enemies, or giving aid and comfort to the enemy.

• The Constitution defines treason so that the government cannot misuse the law to punish people for political acts.


What groups have used the equal protection clause of the Fourteenth Amendment to support their causes?

The equal protection clause has been the major civil rights tool of minorities and women challenging laws or government policies that discriminate against them.


(pages 352–354)(pages 352–354)

Rights of People Accused of Crimes

• Rights of accused people are based on the idea that a person is presumed innocent until proven guilty in court.

• The prosecution must prove guilt.

• The defendant does not have to prove innocence.


(pages 354–358)(pages 354–358)

Rights of People Accused of Crimes (cont.)


(pages 354–358)(pages 354–358)

• The Fourth Amendment protects against “unreasonable searches and seizures.”

• To intrude on someone’s property, police must first get a search warrant–a judge’s authorization specifying the place to be searched and items that may be seized.

• Police must have good reason to believe that the wanted person or evidence can be found there.



(pages 354–358)(pages 354–358)

• In Mapp v. Ohio, the Supreme Court established the exclusionary rule.

• If police gain evidence in a way that violates the Fourth Amendment, the evidence may not be used in court.

• The Fifth Amendment states that people do not have to say anything that might incriminate themselves.

• They can “take the Fifth” and decline to answer questions.



(pages 354–358)(pages 354–358)

• In Miranda v. Arizona, the Supreme Court held that police must inform suspects that they have the right to remain silent, but this right may not be used to obstruct justice.

• The Fifth Amendment bans double jeopardy.

• Once tried and found not guilty, a person may not be tried again for the same crime.



(pages 354–358)(pages 354–358)

• The Fifth Amendment says that people accused of serious federal crimes must be brought before a grand jury.

• If the grand jury decides there is enough evidence to proceed to trial, it indicts or issues a formal charge against the person.



(pages 354–358)(pages 354–358)

• The Sixth Amendment says that an accused person has the right to a lawyer.

• In Gideon v. Wainwright, the Supreme Court interpreted this to mean that if the accused could not afford a lawyer, the state must provide one.

• The Sixth Amendment says that accused people must be informed of the accusations against them.



(pages 354–358)(pages 354–358)

• They have a right to a speedy and public trial by an impartial jury and may question witnesses against them.

• Impartial means that jury members must not know anyone involved in the case and must not have made up their minds before trial.



(pages 354–358)(pages 354–358)

• Jury members usually come from the area where the crime was committed.

• In federal courts, all trial juries, called petit juries, have 12 people who must reach a unanimous decision.

• States have juries of 6 to 12 members.

• Defendants may choose to have a bench trial–appear before a judge without a jury.



(pages 354–358)(pages 354–358)

• Few criminal cases come to trial. Most are settled through plea bargaining.

• The defense attorney and prosecutor negotiate.

• The prosecutor offers the defendant a chance to plead guilty to a less serious crime in exchange for receiving a less severe penalty.

• A judge must agree to the plea bargain.



(pages 354–358)(pages 354–358)

• Plea bargains reduce the time and expense of a trial.

• They also reduce the huge volume of cases courts must process.

• The Eighth Amendment outlaws “cruel and unusual punishments.”

• The punishment must fit the crime.



(pages 354–358)(pages 354–358)

• The Supreme Court ruled in Furman v. Georgia that the death penalty as then administered was not constitutional.

• It was being imposed in unfair ways and mainly on African Americans and poor people.

• In response, most states revised their death penalty laws to comply with the Court’s guidelines.



(pages 354–358)(pages 354–358)

• The Eighth Amendment prohibits “excessive bail.”

• Bail is money an arrested person pays to a court to win release from jail while awaiting trial.

• Its purpose is to guarantee that the person will return for trial.

• After the trial, the person gets the money back.



(pages 354–358)(pages 354–358)

• Courts may not set bail so high that a person is unfairly forced to stay in jail.

• In cases involving serious crimes, however, the judge may set a very high bail.

• In extreme cases, like murder, or if the arrested person is likely to flee, the judge may deny bail.


Why might defendants agree to a plea bargain?

People often agree to plea bargains to cut down on the expense and time of a trial or to get a lighter sentence if they fear conviction.


(pages 354–358)(pages 354–358)

Our Legal Responsibilities• Americans have a responsibility to serve on a

jury and testify in court.

• Americans have the responsibility to obey laws and cooperate with law enforcement officials.

• Americans must work peacefully to change unfair, outdated laws.




How can Americans work peacefully to change unfair, outdated laws?

This might involve gathering voters’ signatures on petitions to place an issue on the ballot for a vote or asking legislators to change the law.

Our Legal Responsibilities (cont.)



__ 1. a sum of money used as a security deposit to ensure that an accused person returns for his or her trial

__ 2. a law that punishes a person accused of a crime without a trial or a fair hearing in court

__ 3. putting someone on trial for a crime of which he or she was previously acquitted

__ 4. a court order that requires police to bring a prisoner to court to explain why they are holding the person

__ 5. a law that would allow a person to be punished for an action that was not against the law when it was committed

A. writ of habeas corpus

B. bill of attainder

C. ex post facto law

D. double jeopardy

E. bail


B

D

E

A

C




Identify What are three basic legal rights of all citizens, and what do these rights mean?

The writ of habeas corpus means the person arrested must be told why he or she is being held. Article I forbids bill of attainder–a law that punishes a person accused of a crime without a trial. Article I forbids ex post facto law–a law that would allow a person to be punished for an action that was not against the law when it was committed.



Explain What must police show a judge in order to obtain a search warrant?

Police must show a judge probable cause to obtain a search warrant.

Critical Thinking


Drawing Conclusions Which of the rights guaranteed to people accused of a crime do you think is the most important? Explain.

Answers will vary.

Analyzing Visuals


Identify Review the chart on page 353 of your textbook. Which part of the U.S. Constitution includes the guarantee that if you are arrested you must be informed of the charges against you?

The Sixth Amendment guarantees the right that you must be informed of the charges against you if arrested.

CloseWhat decisions does an accused person have to make at the time he or she hears the Miranda rules?

Section 1: The Sources of Our Laws• Laws keep the peace and prevent violent acts.

They set punishments and rules for resolving disputes.

• Early laws like the Code of Hammurabi, the Ten Commandments, Roman law, and English law have influenced our laws today.



Section 2: Types of Laws• Many types of laws exist, including public

law, international law, and criminal and civil law.

• Whereas criminal law deals with criminal acts, civil law deals with disputes between people or groups.

Section 3: The American Legal System

• Article 1 of the U.S. Constitution and the Bill of Rights include several protections for those Americans accused of crimes.


Reviewing Key Terms

__ 1. protects people from being tried for the same crime a second time

__ 2. less serious crimes or minor offenses such as traffic violations

__ 3. a sum of money an arrested person pays to win release from jail while awaiting the trial

__ 4. serious crimes such as robbery or murder

A. bail

B. double jeopardy

C. felonies

D. habeas corpus

E. misdemeanors

F. plaintiff

G. precedents

H. statutes

E

A

B

Click the mouse button or press theSpace Bar to display the answers.

C


Reviewing Key Terms (cont.)

__ 5. person bringing suit against another party

__ 6. legal opinions or court decisions upon which later decisions are based

__ 7. guarantees a person’s right to appear before a judge to determine whether he or she was being held legally

__ 8. laws written by a legislative branch

G

D

F

Click the mouse button or press theSpace Bar to display the answers.

H

A. bail

B. double jeopardy

C. felonies

D. habeas corpus

E. misdemeanors

F. plaintiff

G. precedents

H. statutes


Reviewing Main Ideas

Identify four characteristics of effective laws.

Laws must be fair, reasonable, understandable, and enforceable.


Reviewing Main Ideas (cont.)

How did English law influence the development of American law?

When English settlers came to North American colonies in the 1600s and 1700s, they brought with them their traditions of common law and citizens’ rights.



How is common law different from statute law?

Common law is law based on court decisions rather than on legal code. Statutes are laws written by the legislature.



What does “taking the Fifth” mean?

A person will not testify because that testimony may incriminate him or her.



How do grand juries and petit juries differ?

A grand jury has 12 to 23 members and decides whether there is enough evidence to indicate that a crime has been committed. A petit jury has six to 12 members and convicts or acquits accused persons of crimes.


Critical Thinking

Identifying Alternatives Are there any other legal rights you think people should have?

Possible answer: right to privacy on the Internet


Analyzing Visuals

Which age group includes the most victims of violent crimes?

The group with the most victims of violent crimes is the 16- to 19-year-old age group.

Read the bar graph on page 361 of your textbook and answer the following questions.


Analyzing Visuals (cont.)

Summarize the information on the graph in a few sentences.

As you get older, you are less likely to be a victim of violent crime.

Read the bar graph on page 361 of your textbook and answer the following questions.

Directions: Choose the best answer to the following question.Which amendment to the U.S. Constitution guarantees the “equal protection of the laws”?

A Fourth Amendment

B Fifth Amendment

C Eighth Amendment

D Fourteenth Amendment

Test-Taking Tip Find the best answer by eliminating answer choices that you know are incorrect, thereby narrowing the choices.



Why is the crime of treason defined in the Constitution?

It is defined in the Constitution so that the government cannot misuse the law to punish people for political acts.

Explore online information about the topics introduced in this chapter.

Click on the Connect button to launch your browser and go to the Civics Today: Citizenship, Economics, & You Web site. At this site, you will find interactive activities, current events information, and Web sites correlated with the chapters and units in the textbook. When you finish exploring, exit the browser program to return to this presentation. If you experience difficulty connecting to the Web site, manually launch your Web browser and go to http://civ.glencoe.com

Charts

Development of Legal Systems

Constitutional Rights of the Accused

Miranda Warning


Making decisions is part of living. Deciding what to wear or what to have for lunch is just part of your daily routine. Many decisions, however, are more serious. Deciding what subjects to pursue in school, what career to plan for, or how to help a troubled friend can all have lasting consequences. You may have to make decisions as a leader in school or perhaps in government when you become an adult. These decisions could affect many other people.

Making Decisions


Why Learn This Skill?

Learning the Skill

Following the steps below will help you make more thoughtful decisions.

• State the situation or define the problem. Gather all the facts. Ask: Why do I have to make a decision on this matter? Whom will my decision affect? Then, define your objective. State as clearly as possible what you hope to accomplish.

• List your options. Think of all the different courses of action open to you. Ask: What are the alternatives? How can I deal with this situation in a different way?


Making Decisions

Learning the Skill

• Consider the possible outcomes. Ask yourself what the likely results of each option would be.

• Compare the possible outcomes to your objective. Consider your values. Values are the beliefs and ideas that are important to you. Your values should serve as your guidelines in making all decisions.

• Decide and act. Having thought out the situation, you know you have made the best decision possible at the time.


Making Decisions

Making Decisions

Learning the Skill

• Evaluate your decision. Review the actual outcome and ask yourself if you would make the same decision again.

Practicing the Skill

On a separate sheet of paper, write out the decision-making steps for the fictional situation described on page 359 of your textbook.

Making Decisions

There have been some unusual laws passed. For example, it is illegal to fall asleep under a hair dryer in Florida. A person may not tie an alligator to a fire hydrant in Detroit, Michigan.

The average grand jury spends from 5 to 10 minutes examining a case and almost always follows the prosecutor’s recommendation.

Innocent Until Proven Guilty

Every Man’s Home Is His Castle


Innocent Until Proven Guilty The phrase “innocent until proven guilty” can be traced as far back as the fourth century when the Roman Emperor Julian said, “If it suffices to accuse, what will become of the innocent?”

Every Man’s Home Is His Castle Before 1760, the phrase every man’s home is his castle developed in England because searches and seizures were greatly restricted.

What is the setting of this cartoon? How would you summarize the cartoonist’s point?


The cartoon is set at a police station. The cartoonist is making a point about modern technology: whereas in days past the primary method for a prisoner to communicate was through a phone call, the cartoonist points out that in modern society, it is increasingly common to communicate by fax or e-mail.

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