Ancient tablet depicting
King Hammurabi
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EARLY LAW
• 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. E.
• The Romans called their law jurisprudence, a word we
use today to mean the study of law.
• The laws spread as the Roman Empire grew.
• Emperor Justinian I boiled down Roman law into an
orderly body of rules called the Code of Justinian.
• More than a thousand years later, French emperor
Napoleon updated the Justinian Code and called it the
Napoleonic Code.
• 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.
TODAY’S LESSON: CIVIL LAW
• Complete the reading guide for section 1 of chapter
16 starting on pg. 362.
• List the sequence of civil case as you complete the
sheet.
GUIDED READING ANSWERS 16-1 (#1-4)
CIVIL LAW
Civil lawsuits usually involve property disputes, breaches of contracts, or family
matters.
The court’s job is to provide a place to resolve the differences between the
plaintiff and the defendant.
A negligence suit is one in which a person has been injured or killed or
when property has been destroyed because someone else has been careless
or negligent.
People bring suits of equity to prevent a damaging action from taking place; in this
suit a person or group seeks fair treatment in a situation where there is no existing
law to help decide the matter.
GUIDED READING ANSWERS 16-1 (#5-8)
CIVIL LAW
The discovery process allows for each lawyer to check the facts of the case and
gather evidence by questioning each party and possible witnesses; this is done to try
to avoid any surprises at the trial.
Most civil cases are settled out of court because the outcomes of trials are hard
to predict and parties prefer a certain, negotiated outcome; it may take many
years before the trial actually occurs; and trials are time-consuming and expensive.
Preponderance of evidence means there is enough evidence to persuade the judge
or jury that the defendant is more likely than not responsible for the crime in
question.
To appeal a case means to send the case to a higher court because the losing
side believes the judge made errors during the trial or some other type of
injustice occurred.
TODAY’S LESSON: CIVIL AND CRIMINAL LAW
• Discuss Civil Law Guided Reading
• Complete the reading guide for section 2 of chapter
16 starting on pg. 368.
GUIDED READING ANSWERS 16-2 (#1-4)
CRIMINAL LAW
A crime is an act that breaks a federal or state criminal law and causes harm
to people or society in general.
Penalties provide a punishment, keep dangerous people off the streets, stop others
from wanting to commit crimes, help prepare the person to return to society.
The prisoner has been granted early release after serving only part of the sentence.
The most common type of crimes are ones against property, such as burglary,
robbery, and theft.
GUIDED READING ANSWERS 16-2 (#5-8)
CRIMINAL LAW
The defendant enters a plea of not guilty, guilty, or no contest.
The questions a lawyer asks during the cross-examination are intended to
make the witness’s original testimony appear unreliable or untrue.
A jury may vote for acquittal, or not guilty, or guilty.
In the case of a hung jury, the jury cannot agree on a verdict so the judge rules a
mistrial. With a mistrial, the prosecution can either drop the charges or ask for a
retrial.
TYPES OF LAW
 Criminal laws seek to prevent people from deliberately or
recklessly harming each other or each other’s property.
In criminal cases, the government is always the
plaintiff–the party that brings charges against the
defendant–the individual being charged with the crime.
Felonies are serious crimes, such as murder, rape, and
robbery.
Misdemeanors are less serious offenses, such as
vandalism or stealing inexpensive items.
 Civil Law 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 tort law a person may suffer an injury and claim that
another party’s negligence was the cause.
CRIMINAL LAW
•Involves Crime, law broken
•Accused = Defendant
•Prosecuted by Government
•Settled by judge or jury
•Defendants get court
appointed attorney if they can
not afford one.
•Burden of Proof = Beyond a
reasonable doubt.
•Innocent until proven guilty.
•Defendants do not have to
testify (5th Amendment)
VS
CIVIL LAW
•Involves lawsuits, someone
suing for damages.
•Person sued = Defendant
•Plaintiff hires attorney to sue
someone.
•Settled by judge or jury
•Must hire an attorney or defend
you if you want one.
•Burden of Proof =
Preponderance of the evidence.
•Not guilty or innocent, but
Liability/Negligence.
•Defendants can be made to
testify.
Checking for Understanding
Define Match the terms on the right with their definitions on
the left.
__
E 1. wrongful acts for which an injured
party has the right to sue
__
A 2. a person or party filing a lawsuit
__
D 3. relatively minor offense such as
vandalism or stealing inexpensive
items
__
B 4. an individual or group being sued or
charged with a crime
__
C 5. a serious crime such as murder,
rape, kidnapping, or robbery
Click the mouse button or press the
Space Bar to display the answer.
A. plaintiff
B. defendant
C. felony
D. misdemeanor
E. torts
WHAT KIND OF CASE IS IT?
case – Naomi Campbell (source A)
http://news.bbc.co.uk/1/hi/uk/3689049.stm
case – Pete Doherty (source B)
http://news.bbc.co.uk/1/hi/entertainment/4925492.stm
case – Dr Abedin (source C)
http://news.bbc.co.uk/1/hi/england/london/7787648.stm
case – Rachel Nickell murder (source D)
http://news.bbc.co.uk/1/hi/england/london/7783796.stm
case – terrorism charges (source E)
http://news.bbc.co.uk/1/hi/uk/7791602.stm
RIGHTS OF PEOPLE ACCUSED OF A CRIME
• Bail, fines, cruel and unusual punishment (8th): Excessive bail
shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
THE LEGAL
PROCESS FOR
THOSE
ACCUSSED OF
A CRIME
CIVIL RIGHTS
 Starting in the 1950's, African Americans came together in a
series of nonviolent protests known as the Civil Rights
Movement. African Americans had fought very hard until now for
their right to be treated as equal citizens in the United States, yet
segregation still existed.
 In the United States most Americans think of their civil rights as
those rights given to them as written in their Constitution:
 freedom of religion,
 freedom of speech,
 freedom of the press,
 the right to due process of law, and
 the right to equal protection under the law
RESPONSIBILITIES AND DUTIES
 Responsibilities of Citizenship: Things you SHOULD do.
 Be informed
 Speak up and vote
 Respect others’ rights
 Respect diversity
 Contribute to the common good
 Duties of Citizenship: Things you MUST do.
 Obey Laws
 Pay Taxes
 Defend the Nation
 Serve in Court
 Attend School