Civil and Criminal Law

Adam Smith's "Wealth of Nations" describes the fairness of taxes

Sources of American Law Code of Hammurabi Roman Law English Law Ten Commandments

Laws should be reasonable, enforceable, and understandable

Criminal Law Misdemeanor=lesser crime, punishable by probation, community service Felony=major crime, punishable by jail time Constitutional=Law that deals with specifically rights and issues revolving around our rights as defined in state or national constitutions

Civil Law Law suits=Civil cases against another person Contracts=Rental/purchase agreements Family Law=Divorce, child custody,etc Small claims=Law suits of $5,000

International Law: Military agreements, diplomatic treaties, trade, human rights

Basic Legal Rights:  Bill of Rights Innocent until proven guilty Writ of Habeuas Corpus  No Bills of Attainder No expost facto Due process and equal protection of the law Constitutionally defined treason Right to grand jury No self incrimination Be informed of all incrimination Right to hear and question all witnesses Right to an attorney Speedy and public trial Trial by jury No double jeapordy Right to an appeal Right to no high bail, fines or cruel and unusual punishments

Law Suits:Law suits are when one person sues another person for damages (ex. property,divorce)Negligence: Term explaining the idea that an accident was caused by the careless actions of another person (ex. personal injury)

Arrest-->Preliminary hearing-->Indictment-->Arraignment-->Guilty-->Plea Bargain-->Trial-->Verdict

Arrest-->Preliminary hearing-->Indictment-->Arraignment-->Not Guilty-->Trial-->Verdict

Jury Follow instructions Elect Foreperson Make UNANIMOUS DECISION Hung jury

Verdict UNANIMOUS Jury polled Jury issues Acquittal Issues Sentence

Prosecuting people go FIRST for everything.

Juveniles:(Someone considered underage: 16-18) Court treats them VERY differently Youths that have broken the law. Should they be treated differently? Cases deal with neglect by parents, abuse, or delinquency Help in private, no jury, sealed until 18 and then whipped off. 

Punishments:  Lectures Foster Care Probation Reformatory Schools Institutional Placement  Community Service

Civil and Criminal Law