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LAW. SOURCES OF LAW LAW CRIMINAL LAW-TYPES OF CRIME THE AMERICAN LEGAL SYSTEM CIVIL CASES CRIMINAL CASES JUVENILE CASES. SOURCES OF LAW. Code of Hammurabi – 1760 B.C. Babylonian King; based on an eye for an eye.

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Law

LAW

SOURCES OF LAW

LAW

CRIMINAL LAW-TYPES OF CRIME

THE AMERICAN LEGAL SYSTEM

CIVIL CASES

CRIMINAL CASES

JUVENILE CASES


Sources of law

SOURCES OF LAW

  • Code of Hammurabi – 1760 B.C. Babylonian King; based on an eye for an eye.

  • Roman Law – 450 B.C. – evolved into the Justinian Code – these laws became basis for Canon Law (Roman Catholic Church). Eventually updated by Napoleon (Napoleonic Code).

  • English Law – based on common law. Precedents used to establish consistency in court rulings.


Need for law

Social Norms – shared expectations of behavior placed on persons by a social group.

Laws – rules & regulations that define the rights & obligations of citizens of a state or nation.

Societies need laws for protection & order.

Components of Good Laws

Fair – equal treatment

Reasonable – punishment fits the crime

Understandable – not too complicated.

Enforceable – government can enforce, people will obey.

NEED for LAW


Types of law

Types of Law

  • Constitutional Law – involves rights guaranteed by the Constitution, or spelled out by Congressional Legislation.

  • Administrative Law – rules & regulations that government agencies of the executive branch must issue to carry out duties.

  • Statutory Law – laws that regulate behavior.

  • International Law – involves military & diplomatic treaties, trade regulations, and international agreements.


Criminal law

Criminal Law – laws that seek to prevent people from deliberately or recklessly harming each other or other’s property.

Felony – serious crime, punishable by possible prison sentence.

Misdemeanor – less serious crime, usually punishable by a small fine.

Civil Law – involves disputes between people or groups of people.

Lawsuit – legal action in which a person sues to collect damages for harm.

CRIMINAL LAW


Types of crime

Types of Crime

  • Predatory Crime – victimizing a person or their property.

  • Illegal Service Crime – involves a relationship between a buyer and a seller, and an illegal product or service.

  • Public Disorder Crime – crime that legal in private, but in public.

  • Crimes of Negligence – careless, thoughtless behavior.

  • White Collar Crime – crime that is committed usually on the job, and by a respectable member of the community.


The american legal system

THE AMERICAN LEGAL SYSTEM

  • Law & Precedents –Courts use previous court rulings and law as basis for rulings. (Stare Decisis) – “let the decision stand”

    Protections of Legal Rights

  • Writ of Habeas Corpus – person must be brought to court and explain why suspect is being held.

  • Bills of Attainder – may not pass laws that deny a person of the right to trial by jury.

  • Ex Post Facto Laws – cannot be punished for an act that is not against the law at time of action.

  • 4th Amendment – Search & Seizure

  • 5th Amendment – Rights of the Accused

  • 6th Amendment – Rights to a Jury Trial

  • 8th Amendment – Cruel & Unusual Punishment

  • 14th Amendment – Equal Protection of the Law


Civil cases

CIVIL CASES

STEPS IN A CIVIL CASE

  • Complaint – plaintiff/defendant, describes suit.

  • Summons – sent by court to defendant.

  • Discovery – find evidence in the case by both the defendant and the plaintiff.

  • Settlement – either side has a chance to settle the issue before going to court, or use an arbitrator. (Most cases decided before court)

  • Trial – Right to a jury, most decided by judge.

  • Appeal – if defendant loses, has right to appeal.


Criminal cases

CRIMINAL CASES

Arrest

  • Police arrest & book suspect.

    Preliminary Hearing

  • Suspect appears before a judge.

  • Bail is set.

    Indictment

  • Grand jury (or judge) hears evidence & formally charges the suspect with the crime.

    Arraignment

  • Defendant pleads not guilty.

  • Trial date is set.

  • Defendant plead not guilty & accepts a plea bargain.

    Trial

  • Prosecution & defense present cases to jury/judge

  • Jury/Judge reaches a verdict.

    Acquittal

  • Defendant found not guilty or goes free.

    Sentencing

  • Defendant found guilty.

  • Judge sentences defendant.


Juveniles the courts

JUVENILES & THE COURTS

  • Juvenile – a person under the age of 18.

  • Juvenile Delinquent – persons under 18 who commit crime.

    Goal of the Juvenile Justice System

    Rehabilitation – help young person correct behavior.

    Types of Cases

  • Neglect – caregivers abuse or do not care for juvenile.

  • Delinquency – juvenile commits crime.

    Juvenile Trials

  • No trial by jury & trials are closed to the public.

  • Once juvenile completes probation, the charges are dropped and removed from their record.


Juvenile cases

Juvenile Cases

  • Anyone under 18

  • No jury only a judge that makes decisions

  • Rehab; most common form of punishment

  • Usually meeting of the following results in decisions

  • Offender, parents, judge, arresting officer, probation officer


Law

Juvenile Trials

  • Less formal than adult trials

  • Juvenile's identity is protected

    • NJ v. T.L.O

  • Not always fingerprinted

  • Guardian must be notified when a juvenile is arrested

    • In Re Gault:gives juveniles the same rights as adults; parents must be notified

  • School officials have a right called in lieu of parents


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