Chapter 15



The American Legal System – Citizenship and the LawPart 1Sources of LawsLaws can come from several different sources. In America, law can come from:Historical Law Codes Code of _______________ (1772 B.C.E.) – written code of rules from ancient _______________; each crime was given a specific _______________ depending on one’s social position.____________________ (1215 C.E.) – government document that limited the power of the ___________________. Some of the rights in this document appear in the U.S. Constitution and ____________________. Statutory Law – laws from statutesAny law that is passed by a legislative body is called a _______________, or statutory law. Statutory law can be passed by Congress, state legislatures or local government and usually reflect what people feel to be right or wrong. Example: Requiring that all buildings have marked fire exits is a statuteCase Law – based on Supreme Court decisionsa source of law based on the decisions and outcomes of cases heard by the _______________. Gideon v. Wainwright (1963) was a landmark Supreme Court case that established the case law and precedent that all people will be provided an attorney even if they cannot afford them according to how the Supreme Court interpreted the _______________ Amendment. Common Law – based on traditionlaw that is based on ______________________________________________Constitutional Law - the ___________________ also gives us law.Types of LawsThere are several different types of law that affect Americans directly today that help maintain a peaceful and orderly societyMilitary Law governs the behavior of the men and women that serve in the U.S. _______________.Constitutional Law: based on the _______________, is the basis for much of what becomes “case” law.Criminal LawCivil LawJuvenile LawCriminal Law and Cases:Criminal laws are laws that seek to prevent people from deliberately or recklessly ______________________________.A _______________ is an act that breaks the law and for which there is a punishment. American courts operate on an _______________ system of justice, meaning the courtroom serves as an “_______________” in which lawyers for opposing sides try to present their strongest cases.In these cases, the government is always the _______________, or the party that brings the charges against the alleged criminal. The individual or group that is being sued is the ________________.Two (2) types of crimes are:_______________ are the most serious crimes with the most serious consequences Examples are _____________________________________________._______________ are less serious and often do not have very serious consequencesExamples are _____________________________________________.Process of a Criminal TrialOnce an _______________ has been made by law enforcement, the suspect will be informed of his/her _______________This is a result of the 1966 Supreme Court case ______________________________Suspects then appear before court in a _______________ to “hear” the charges against them and listen to the judge’s decision on the next step.At an _______________, suspects formally hear the charges and are asked to enter a “_______________.” Possible pleas are:“guilty”, “not guilty”, or “nolo contendre”means “I do not wish to contend “or “no contest” Defendant does not dispute the charge.During their criminal trial, there are _______________ steps.Step 1: Both sides (prosecution and defense) will give their _______________ statement which tells the judge and the jury their side of the case.Step 2: Each side will then call witnesses to give _______________ (or answers given under oath) in the case. These witnesses will also be _______________by the other side.Step 3: Once all of the witnesses have been questioned and crossed, the prosecution and defense will offer their _______________ and ask the jury to rule in favor of their side.Step 4: After the closing statements have been given, the jury will be sent to _______________, or discuss the evidence presented. Once they reach a unanimous decision they will announce the _______________, or the outcome of the case.Defendants are either:found _______________are _______________ - found “not guilty” *the judge can also declare a _______________ (or unable to make unanimous decision) the trial will be ruled a “mistrial”.If the defendant is found _______________, the judge will sentence them (assign their penalty)Criminal penalties are designed to either:provide _______________ so the criminal pays for the crime against a victim or society_______________ prisoners so they are not a threat to society_______________ criminals from committing repeated crimes_______________ criminals so they can reenter society and become productive members.425450571500The American Legal System – Citizenship and the LawPart 2Civil Law and Cases:Civil laws are disputes between _______________ or groups of _______________ in which no _______________ laws have been broken.When a civil case goes to court, it is called a _______________, which is a legal action in which a person or group sues to collect damages for some harm that is done and seeks “_______________” (an award of money).The _______________ is the individual or group that files the lawsuit and the _______________ is the individual or group that is being sued.Cases begin when a _______________ is filed (a formal statement naming those involved and describing the nature of the lawsuit).Once filed, a _______________, or a document telling the defendant that there is a lawsuit against them and orders the defendant to appear in court, is sent by the court.Juvenile Law and Cases:Citizens under a certain age are considered _______________ (18 in most states). These citizens who commit crimes against society are considered to be _____________ ___ ________________, or criminals not old enough to be processed through the adult court system. Laws that apply to juveniles are called _______________.While most crimes committed by juveniles are classified as _______________, some more serious _______________ are committed by juveniles as well.The primary goal of the juvenile court is to _______________ the juvenile (or correct their behavior) rather than to punish.Juvenile courts handle two types of cases:_______________ (neglected or abused by their caregiver)_______________ (juveniles who commit crimes)Most police departments have officers who try and _______________, or steer, the juvenile away from the court system The rights of juveniles were established in the 1967 _______________Supreme Court case Juveniles have all rights related to _______________- right of counsel, right to remain silent, right to confront witnesses against them, etc.While court trials for juveniles are similar to adults, the major difference is that they do NOT have the right to a _______________ trial.Unlike adult trials, the identity of juveniles is kept _______________ and the criminal records of these juveniles can be _______________ when they reach adulthood.Legal Protections in the U.S. Constitution:The United States Constitution provides equal protection for people who have been accused of a crime or are being sued in a lawsuit. This means that we must treat every person the _______________. This comes from the principle of _______________which prevents an abuse of government power and provides for _________________________________. (No one is above the law) This is the basis for our legal system.All people are guaranteed: A fair and speedy public _______________ The idea that they are considered _______________ until proven guiltyThe right to ask for an _______________ of their case if their rights have been violated or the courts have made a mistakeThe Constitution protects certain basic legal rights of Americans:“writ of habeas corpus” - a ____________________that requires police to bring a prisoner to court to explain ________ they are holding the person.“bill of attainder” - are laws that punish a person _______________ of a crime without a _______________ or a fair hearing in _______________.“ex post facto law” - are laws that allow a person to be _______________ for an action that was ______________________________ when it was committed.“due process” - the legal _______________ established when dealing with the _____________.Several of the _______________ of the Constitution help protect the rights of the _______________:_______________ Amendment: no unreasonable _______________ and ___________________________warrant: signed by a judge specifying the _______________to be searched and what objects may be _______________._______________Amendment: protects the _______________of the accused.__________________“double _______________”: you can’t be tried for the same crime twice.Right to remain silent“grand jury” in a capital case - a group of citizens determine if there is enough _______________to continue to trial._______________Amendment: protects the rights of the accused by granting ___________________ and the right to a fair and speedy, public jury trial._______________Amendment: protects the rights of the accused by forbidding _______________and _______________punishments or excessive ____________bail: a sum of money paid to _______________to win release while waiting for their _______________.Trial Facts to Know:The verdict of a jury needs to be ___________________________ (12-0).There are ______ jurors for each trial and _____ alternates.The defendant is _______________ until proven ____________________.Defense lawyers try to prove the defendant is __________. Prosecution lawyers try to prove the defendant is ________.Prosecution must prove their case beyond a ________________ in order for a juror to vote guilty.___________ have information about a crime. ___________ is a witness’s statement in court.6096001219202unanimousinnocentguiltyreasonable doubt12testimonyguiltynot guiltywitnessescenter85915502unanimousinnocentguiltyreasonable doubt12testimonyguiltynot guiltywitnesses002unanimousinnocentguiltyreasonable doubt12testimonyguiltynot guiltywitnessescenter85915502unanimousinnocentguiltyreasonable doubt12testimonyguiltynot guiltywitnesses002unanimousinnocentguiltyreasonable doubt12testimonyguiltynot guiltywitnesses ................
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