Unit Five: The American Legal System

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Unit FiveThe American Legal System

• Chs 19, 20, 21

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• Laws
• A. Define societys rules that are enforced
  by the government
• B. Purposes
• 1. keep order
• 2. settle conflicts in court
• 3. protect property
• 4. safety
• 5. protect quality of life
• 6. protect individual freedoms
• 7. promote the common good

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C. Based on Americans shared beliefs or
moralswhat is right wrong D. Civil
Disobediencepersonal morals preclude following a
particular law. Nonviolent. Willing to pay
consequences. A way to make a personal political
statement.
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Where US Laws Come From

• Laws are written by legislatures and decisions
  made by judges.
• Laws made by Legislatures
• Statues- Written laws made by legislatures such
  as Congress and State Legislatures
• Ordinances- Laws made by city or town councils
• Officials are guided by morals, values, beliefs
  and customs shared by the people and the
  government.

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• Laws Passed by state and local government
• Only apply within that state or local community
• Beliefs in each community may be different
• Relationships between laws and common beliefs
  have always been close

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Effects on Law

• Judges
• Do not write laws
• Make decisions based on laws already in
  existence.
• Laws may be statues, ordinances, or earlier
  judges decisions.

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Common Law

• Define a body of law based on judges decision.
• Originated in England before the Magna Charta
• Based on Communitys shared values (common)
• Precedents- earlier rulings by judges in similar
  cases
• Changes over time as community values change
• Regulations Rules devised by government agencies
  to carry out laws passed by Congress.

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• Legal Code grouping of laws under a specific
  subject area
• A. Motor Vehicledrivers licensing, speed
  limits, points, DUI/DWI, suspension, inspection,
  registration etc
• B. Buildingconstruction materials, easements,
  rights-of-way, etc
• C. Schoolat state level PSSA, school days,
  standards, licensing of teachers etc. AT LOCAL
  LEVEL The Dress Code no tank tops, no chains
  hanging etc
• D. Historical examples Code of Hammurabi
  (Babylonia, earliest) Code of Draco (Ancient
  Greece, most severe) Justinian Code (Roman,
  influenced European lawsand, therefore, ours)

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• Changing the Law
• A. Constitutional Amendmentmay nullify
  existing laws
• i.e. 18th , 21st and 24th Amendments
• B. Civil Disobediencegroundswell of public
  opinion, may influence govt officials to change
  legislation. i.e.
• C. Regulationsperiodic updates or changes in
  the way a govt agency conducts business
• D. Electionselect the govt reps wholl make
  the kind of laws you wantor dont re-elect the
  ones who dont

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• Criminal Law
• A. Define group of laws that state what acts
  are crimes, if and how the accused should be
  tried in court, how criminal should be punished
  (Criminal Code)
• B. Crime behavior or act declared illegal
  because govt considers it harmful to society (
• C. Purpose to protect the common good
• D. Penalties
• 1. vary according to crime
• 2. sentencing guidelines fairness of law
  similar crimessimilar sentences
• 3. minimum maximum to allow for
  extenuating circumstances

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• E. Severity
• 1. misdemeanorless serious offense,
  usually a fine
  
  
• 2. felonymore serious offense, can include
  jail time
• Civil Law
• A. Define group of laws to settle
  disagreements between indvs (human or legal)
• B. Purpose provide the injured indv an
  avenue to seek justice
• C. Based on common law, but may incorporate
  statutes from criminal code
• D. Can blend with A single act can be
  pursued in both criminal and civil courts. i.e.
  traffic accident, theft of goods or services,
  O.J.