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1. V.History of American Jurisprudence

   1.1 – Law in History 1.2 – From Hammurabi to Napoleonic Code 1.3 – The Law of England 1.4 – How we do it in America Objective: Students will understand the role of law in history, the development of Anglo-American law, the adversary system of justice, and the function of law in the United States
2. 1.1 – Law in History In the beginning…
3. 1.1 – Law in History the history of law is connected to the development of civilization law is only one aspect of the social fabric of a civilization but often acts as the glue that holds a society together Legal institutions (like the courts) interact with society to change, adapt, resist, or promote aspects of civil society
4. 1.1 – Law in History Development of law The modern legal system (at least in Western Civilization) can be traced back as far as 3000 BC Early law codes  Hammurabi, Torah (Old Testament) Link to modern law codes  Roman law (imperial to Justinian’s Corpus Juris Civilis)
5. 1.1 – Law in History Development of law Birth of common law system  medieval England Commercial law  lexmercatoria(Middle Ages) Modern civil codes  Napoleonic Code, German Civil Code
6. 1.2 – Continental Law From Hammurabi to the Napoleonic Code
7. 1.2 – Continental Law The most widespread system of law in the world is called civil law this is NOT to be confused with the branch of law with the same name (i.e. criminal and civil law) As a system, civil law refers to the source of the law as codes or statutes The civil law of today derives primarily from Roman times
8. 1.2 – Continental Law The existence of a “civil” law (codified law) dates back even farther to Hammurabi and even the Egyptians The Roman civil law sought to establish rules governing all aspects of society Decisions of courts were not considered legally binding and only the legislative body could enact binding law
9. 1.2 – Continental Law The Corpus Juris Civilis was a monumental achievement by the emperor Justinian in the 6th century All of the previous law codes as well as various interpretations and decisions of courts were consolidated into one massive book of civil law
10. 1.2 – Continental Law Roman law would continue to influence the countries of Europe throughout the middle ages However, in England, a different system of law was being developed (common law) During the reign of Napoleon, the civil law of Europe was once again refined
11. 1.2 – Continental Law The law of Europe, based on the civil law descended from the Romans, is often called “continental” law (the continent of Europe) Much of the civil law used around the world is based on this European system and ultimately on the Napoleonic Code
12. 1.3 – English Common Law The Law of England
13. 1.3 – English Common Law The system of law in England and the U.S. developed differently that the civil law of the Europe Although not lacking codes or statutes, the “common law” system incorporates the concept of stare decisis(precedent by courts) This system has its roots in England during the middle ages
14. 1.3 – English Common Law Beginning with William I, the king established courts around the country and the judges were charged with enforcing the laws of the king The decisions of these judges were binding as proper interpretation and application of the law A decision on a particular matter would then serve as precedent for one later
15. 1.3 – English Common Law In total, the various decisions of all of the courts combined formed a “body” of interpretative law which came to be known as the common law the judges do not actually “make” law but create rules to follow for future decisions Not all decisions are binding in the same way (one court may not have to follow another)
16. 1.4 – The American Approach How we do it in America
17. Federalism The U.S. came into existence not as a unitary nation, but rather as a union of thirteen separate colonies The U.S. has a federal system of government In a federal system, government power is constitutionally divided between a central, national authority and smaller political units (like states or provinces) Power to govern is shared between the national government and state governments
18. 1.4 – The American Approach The American system of law owes it origins to the English common law In the U.S., the state courts are primarily responsible for creating and using the common law Federal courts, on the other hand, primarily interpret and apply federal statutes and do not create or rely upon common law
19. The Supremacy Clause Found in Article VI of the U.S. Constitution Establishes the U.S. Constitution as the “supreme law of the land” The U.S. Constitution is therefore the highest legal authority in the U.S. All other legal authorities in the U.S. are subordinate to the U.S. Constitution
20. 1.4 – The American Approach In the U.S., we use an adversarial approach to trying cases where the English (and other courts based English law) use an inquisitorial system) The adversarial system reasons that the fact finders will be better able to find the “truth” if evidence is presented by competing parties
21. 1.4 – The American Approach Each side presents their version of the facts through real and testimonialevidence By allowing the jury to consider two arguments over presumably the same facts the correct decision will be reached In the American legal system an accused is presumed innocent
22. 1.4 – The American Approach The state has the burden of proof to prove every element of the crime beyond a reasonable doubt The defendant has to prove NOTHING! Failure of the state to prove even one element BRD will result in an acquittal The accused is afforded rights guaranteed by the U.S. Constitution
23. 1.4 – The American Approach In the U.S., if the government wants to take away your life, liberty, or property then the Constitution guarantees due process of law The primary example of due process in action is the jury trial where the accused is entitled to many other rights The rights of an accused are found primarily in the Fourth, Fifth, Sixth, and Eighth Amendments
24. Classifications of Law Criminal law is the branch of substantive law that establishes punishments for certain actions. The government is responsible for enforcing the criminal law Civil law involves private parties and affect provide a means for enforcing legal obligations between individuals.
25. Classifications of Law Substantive law creates legal obligations. Tort, contract, and domestic relations are examples of substantive civil law. Murder, robbery, and burglary are examples of substantive criminal law Establishes the methods of enforcing the substantive law. Trials are the best-known example of procedural law.
26. Classifications of Law Felonies are crimes for which the government has established a potential punishment of imprisonment for one year or greater Misdemeanors are crimes for which the potential punishment is imprisonment for less than one year