


What are the above pictures?
Despite being thousands of years old, both
are still important to us today. Why do you
think that is?
What is the difference between a moral law
and a legal law?
The Law and the
Individual
Unit VII
Sources of Our Laws
What are laws?

Set of rules that help people live together
What should laws do?


Major purpose is to keep the peace and
prevent violent acts
Provide rules for resolving disagreements
between groups or individuals
What makes a good law?




Fairness – all people treated equally
Reasonable – punishment fits the crime
Understandable – laws are not to
complicated for people to be able to follow
Enforceable – laws can be monitored and
carried out by communities, state or federal
authorities
Where do our laws come from?

Based on ideas,
customs, and laws
passed down from
generations
History of Law

Code of Hammurabi



First known written
legal system
Around 2000 BCE
Harsh penalties based
on principle of “an eye
for an eye”
The Ten Commandments


Found in the Hebrew Bible
Around 1200 BCE
The Ten Commandments

Roman Law


Written by the Roman Senate and Judges
– representatives of the citizens
Justinian Code – Around 600 CE
Byzantine Emperor Justinian organized
Roman law which influenced


Catholic Church
Napoleonic Code
English Common Law

Established by Court Decisions rather
than legal code


Based on precedents – previous decisions that
are examples to follow
Makes the law consistent and fair
Burden of Proof

In any court case, the burden of proof is on
the prosecution.

i.e. Prosecution must prove beyond any doubt
that the defendant is guilty of their crime
Criminal Law

Cases in which the state or federal
government charges someone with a crime
Misdemeanors


A relatively minor offense
Examples – minor vandalism, stealing
inexpensive items
Felonies


A serious crime
Examples: murder, rape, kidnapping,
robbery
Civil Law

When a person or group takes a legal
action against another person or group
Lawsuit

When a person or group sues to collect
damages


Tort Law – someone
believes that an
injury or loss is due
to someone else’s
negligence
Family Law – child
custody, child
support, divorce,
alimony
Types of Laws


Constitutional Law – deals with the formation,
construction and interpretation of the Constitution
Highest law in the country
Administrative Law

Rules and regulations that the Executive Branch
makes to carry out its job.
Statutory Law

Statute – written law by a legislature


Regulate behavior
Source of rights and benefits
Identify Each of the Following as
A) Statutory Law
B) Constitutional Law
C) Administrative Law



The US Postal Service increases the price
of a stamp to 60 cents C
The right to get your drivers license when
you turn 16 A
The right to remain silent when accused of
a crime B
Warm-Up

What were the 4 influences on American
law?
Steps to a civil case
1.
2.
3.
4.
5.
6.
Plaintiffs attorney files a complaint
Court sends a summons to defendant
Defendant’s attorney files a written
answer
Attorneys for both sides exchange plea
documents
Attorneys argue case in court
Court gives verdict
Steps to a Criminal Case
1.
Arrest
Preliminary Hearing

Suspect appears before judge and bail
is set
Indictment

Grand Jury (or judge) hears evidence
and formally charges
Arraignment

Defendant pleads
not guilty and trial
date is set

Defendant pleads
guilty and accepts
plea bargain –
conviction of lesser
charge for softer
sentence
Trial


Prosecution and Defense present case
Jury (or judge) reaches verdict
Acquittal

Defendant found not guilty
Sentencing

Defendant found guilty and judge
sentences (punishes)
Two Options

Create a comic strip that illustrates the
steps to a criminal case and a civil case
 OR

Write your own episode of Law & Order (or
any police show you have watched).
Include all the steps of either a criminal or a
civil case in you narrative. DETAIL IS
IMPORTANT.
Conclusion
 Why
do most people voluntarily
comply (follow along) with the
law?
How are Juvenile cases handled in
NC?
Juvenile –
in most states anyone under the age of
18
 Juvenile Delinquent –
young people who commit crimes
 Purpose of the Juvenile Court System =
Rehabilitate

Two Types of Cases
Neglect
Juveniles whose caregivers neglect or
abuse them
 Delinquency
Cases involving juveniles who commit
crimes

Differences between juveniles and
adult justice?



No juries only a judge
Closed to the public
Identities are kept secret



Not fingerprinted
Not photographed
If juvenile completes probation then
charges are dropped and removed from
record
Other Court Officials
Clerk of Superior Court
Records wills and handles foreclosures
(selling some ones property to pay
debts)
 Magistrates
Issues search and arrest warrants, issues
arraignments (charges)
 District Attorney
Represents state in all criminal cases
