splash screen. chapter preview-end section 1-main idea guide to reading big idea throughout history,...
TRANSCRIPT
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Splash Screen
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Section 1-Main Idea
Guide to Reading
Big Idea
Throughout history, civilizations have developed systems of laws to meet their needs.
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Section 1
• Functions of laws:
– Define what is and is not permissible
– Set punishments meant to discourage potential criminals
– Administration of justice through law enforcement agencies and courts
– Establish rules for settling disagreements over non-criminal matters
Functions of Laws (cont.)
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Section 1
• Characteristics of good laws:
– Fair to everyone
– Reasonable punishments
– Understandable by the public
– Enforceable by community, state, or federal authorities
Functions of Laws (cont.)
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Section 1
History of Law (cont.)
• The laws of early societies influence legal systems today.
• Earliest laws
– Unwritten ideas, traditions, and customs probably served as a kind of law for early societies
– Passed orally from generation to generation
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Section 1
• Early systems of written law:
– Code of Hammurabi compiled by King of Babylonia, 1760 B.C.
– Ten Commandments of Hebrew Bible
– First code of Roman law published, 450 B.C.
History of Law (cont.)
Development of Legal Systems
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Section 1
• Imperial expansion spreads Roman law through Europe, Africa, and Asia.
• Code of Justinian, A.D. 533:
History of Law (cont.)
– Basis for law in Byzantine Empire
– Becomes part of canon laws of Roman Catholic Church
– Updated by Napoleon in Napoleonic Code
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Section 1
• English system of common law:
– Most important source of American law
– Begins to take shape after Norman Conquest of England
– Law based on precedents established by court decisions rather than a legal code
History of Law (cont.)
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Section 1
– English common law incorporates Roman and canon law
– Basic principles of individual rights evolve
– Statutes come to dominate system, common law still significant
– Brought to North America in 1600s and 1700s by English settlers
History of Law (cont.)
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Section 1
Do you agree that legal systems based on common law are fairer than systems based on a legal code?
A. Agree
B. Disagree A. A
B. B0%0%
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Section 2
Criminal and Civil Law
Criminal laws help maintain a peaceful and orderly society, while civil laws involve disputes between people or groups.
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Section 2
Criminal and Civil Law (cont.)
• Two types of law directly affect Americans—criminal law and civil law.
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Section 2
• Criminal law:
– To prevent people from deliberately or recklessly harming one another or one another’s property
– Government always the plaintiff
– Accused individual or groups are defendants
Criminal and Civil Law (cont.)
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Section 2
– Based on idea that society is a victim when a crime is committed
– 95 percent of U.S. criminal trials are for violations of state laws.
– Titling of cases: state v. defendant
Criminal and Civil Law (cont.)
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Section 2
• It is an adversary system:
– Lawyers for opposing sides present their strongest case
– Judge has impartial role
– System has critics and defenders
Criminal and Civil Law (cont.)
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Section 2
• Classification of crimes:
– Felonies are more serious crimes, such as murder.
– Misdemeanors are minor infractions, such as vandalism.
Criminal and Civil Law (cont.)
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Section 2
• Crimes against property most common:
– Property is destroyed, such as arson or vandalism
– Property is taken against owner’s will, such as larceny, robbery, burglary
Criminal and Civil Law (cont.)
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Section 2
• Civil Law:
– Disputes between people or groups
– No criminal laws have been broken
– Not viewed as threat to society
– When a civil case goes to court, it is called a lawsuit.
– In lawsuits, the plaintiff sues to collect damages for some harm done by the defendant
Criminal and Civil Law (cont.)
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Section 2
• Civil cases might involve:
– Contracts
– Torts
– Family law
Criminal and Civil Law (cont.)
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Section 2
• Champions of legal rights:
– John Peter Zenger (libel and freedom of the press)
– Ida Wells-Barnett (civil rights)
Criminal and Civil Law (cont.)
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Section 2
Other Types of Law
Laws protect your rights and enforce rules and statutes.
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Section 2
Other Types of Law (cont.)
• The laws that govern our lives and protect our rights come from many sources
• Constitutional law
– Cases that concern the limits of government power and the rights of the individual
– Comes from U.S. Constitution
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Section 2
• Other sources:
– State constitutions
– Administrative agencies
– Lawmaking bodies
Other Types of Law (cont.)
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Section 2
• Administrative law:
– Rules and regulations made by executive branch and its agencies
Other Types of Law (cont.)
• Statutory law:
– Statutes, or laws written by a legislative branch of government
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Section 3
Protections in the U.S. Constitution (cont.)
• Americans have both basic legal rights and responsibilities.
• Separation of powers in U.S. Constitution:
– Legislative branch makes law
– Executive branch enforces law
– Judicial branch interprets law
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Section 3
• Basis of judicial branch interpretation:
– Written laws
– Judicial precedents
– Stare decisis: “let the decision stand”
Protections in the U.S. Constitution (cont.)
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Section 3
• Sources of Americans’ basic legal rights:
– Article I of the U.S. Constitution
– Constitutional Amendments
Protections in the U.S. Constitution (cont.)
Constitutional Rights of the Accused
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Section 3
• Article I:
– Provides for writ of habeas corpus
– Forbids bills of attainder and ex post facto laws
Protections in the U.S. Constitution (cont.)
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Section 3
• Constitutional Amendments:
– Bill of Rights
– Requirement of equal protection in 14th Amendment
– Due process of law mandated in 5th and 14th Amendments
Protections in the U.S. Constitution (cont.)
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Section 3
Guaranteed Rights of Those Accused
The U.S. Constitution includes several protections for Americans accused of a crime.
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Section 3
Guaranteed Rights of Those Accused
(cont.)• The U.S. Constitution includes rights that
protect citizens accused of crimes.
• Accused are presumed innocent until proven guilty in a court of law.
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Section 3
• Fourth Amendment:
– Protects citizens against “unreasonable searches and seizures”
– Gives Americans right to be secure in their homes and property
– Requires search warrants and probable cause
– Mapp v. Ohio and the “exclusionary rule”
Guaranteed Rights of Those Accused
(cont.)
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Vocab1
common law
a system of law based on precedent and customs
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Vocab2
precedent
a ruling that is used as the basis for a judicial decision in a later, similar case
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Vocab3
statute
a law written by a legislative branch
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Vocab4
potential
capable of being or becoming
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Vocab5
resolve
to find a solution or reach a decision
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Vocab6
tradition
a way of thinking or acting that is long established
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Vocab7
plaintiff
a person or party filing a lawsuit
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Vocab8
defendant
an individual or group being sued or charged with a crime
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Vocab9
felony
a serious crime such as murder, rape, kidnapping, or robbery
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Vocab10
misdemeanor
a relatively minor offense such as vandalism or stealing inexpensive items
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Vocab11
larceny
the unlawful taking away of another person’s property with the intent never to return it
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Vocab12
robbery
the taking of property from a person’s possession by using force or threats
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Vocab13
burglary
unlawful entry into any dwelling or structure
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Vocab14
lawsuit
a legal action in which a person or group sues to collect damages for some harm that is done
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Vocab15
torts
wrongful acts for which an injured party has the right to sue
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Vocab16
libel
written untruths that are harmful to someone’s reputation
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Vocab17
constitutional law
branch of law dealing with formation, construction, and interpretation of constitutions
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Vocab18
prohibition
an order forbidding something
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Vocab19
recover
to regain or reclaim
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Vocab20
stare decisis
the practice of using earlier judicial rulings as a basis for deciding cases
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Vocab21
writ of habeas corpus
a court order that requires police to bring a prisoner to court to explain why they are holding the person
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Vocab22
bill of attainder
a law that punishes a person accused of a crime without a trial or a fair hearing in court
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Vocab23
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
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Vocab24
due process of law
procedures established by law and guaranteed by the Constitution
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Vocab25
search warrant
a court order allowing law enforcement officers to search a suspect’s home or business and take specific items as evidence
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Vocab26
double jeopardy
putting someone on trial for a crime of which he or she was previously acquitted
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Vocab27
grand jury
a group of citizens that decides whether there is sufficient evidence to accuse someone of a crime
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Vocab28
plea bargaining
negotiation between the defense attorney and the prosecutor
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Vocab29
bail
a sum of money used as a security deposit to ensure that an accused person returns for his or her trial
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Vocab30
interpret
to explain or translate
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Vocab31
factor
an element contributing to a result
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Vocab32
presume
to assume or suppose to be true
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