Types of American Law <ul><li>1. Criminal Law: concerns when govt. charges someone with a crime </li></ul><ul><li>- Ex murder, vandalism, rape, arson </li></ul><ul><li>2. Civil Law: concerns disputes btw people (sometimes the govt. is involved) </li></ul><ul><li>Ex contract conflicts, adoption, divorce, torts </li></ul><ul><li>3. Constitutional Law: concerns the limits of govt.’s power and rights of individuals (“ big time” issues ) </li></ul><ul><li>Ex civil rights, privacy and race issues </li></ul>
Court Jurisdiction <ul><li>Original Jurisdiction </li></ul><ul><li>Definition courts that hear a court case for the 1 st time </li></ul><ul><li>- trial occurs </li></ul><ul><li>Appellate Jurisdiction </li></ul><ul><li>Definition courts that Review lower court rulings </li></ul><ul><li>- no trial occurs only review of previous trial </li></ul>* When people challenge law, they must take case to the right type of court
Appellate Explanation & Example <ul><li>Appellate refers to an appeal . </li></ul><ul><li>Let's suppose that a 90% equals an A on your report card. One marking period you earned an 89.3% on your report card, which is a B. The teacher refuses to change your grade. Who could you appeal to that might change your grade to an “A”? </li></ul>
Federal Court Layout US Supreme Court (1) [Original & Appellate Jurisdiction] US District Courts (94) [Original Jurisdiction] US Court of Appeals (12) [Appellate Jurisdiction]
Due Process Rights of the Accused <ul><li>* Source: </li></ul><ul><li>(1) 5 th & 14 th Amendments specifically mention “Due Process” </li></ul><ul><li>(2) Bill of Rights & Supreme Court Cases list our specific due process guarantees </li></ul>
(1) Investigation & Arrest (2) Grand Jury —formally accuse person of crime ( indict) * (3) Plea Bargain : Defendant pleads guilty to a lesser crime, but gets lighter punishment (4) Criminal Trial (5) a. Petit Jury’s Decision b. Judge’s sentence (punishment) * List and briefly explain the Steps of Each law type Prosecution: always the government Defendant: person accused of crime Petit Jury: 12 citizens who decide case List & Describe the Actors Involved Govt. charges someone with committing crime Definition Criminal Law
(1) Hire a Lawyer (2) File Complaint (legal document with charges) (3) Pretrial Discovery (4) Resolution without a trial —settlement or mediation/arbitration (5) a. The Trial b. Award—If plaintiff wins, plaintiff gets money! * List and briefly explain the Steps of Each law type Plaintiff —Person who seeks damages, the victim Defendant – Person accused of causing damages Sometimes a jury List & Describe the Actors Involved Deals with disputes Definition Civil Law
Burden of Proof <ul><li>Beyond a Reasonable Doubt (Criminal Law) </li></ul><ul><li>- Jury can’t have any doubt to find defendant guilty </li></ul><ul><li>- Harder to prove OJ was not guilty because jury had lots of doubt he was guilty </li></ul><ul><li>Preponderance of Evidence (Civil Law) </li></ul><ul><li>- Jury decides which side has more convincing evidence </li></ul><ul><li>- Easier to prove OJ paid money to plaintiffs because plaintiffs had more convincing evidence </li></ul>
- School officials can search students if they have “reasonable suspicion” New Jersey v. T.L.O. - Students do have limited free-speech rights Tinker v. Des Moines Before police questioning, the accused must know their due process rights Miranda v. Arizona the govt. must provide lawyer for person accused of crime Gideon v. Wainwright Overturned Plessy; segregation finally made illegal Brown v. Board of Education Legalized racial segregation “separate but equal” doctrine Plessy v. Ferguson (1) Explained “Elastic Clause” (2) National govt. supreme over states McCullough v. Maryland Established Judicial Review Marbury v. Madison
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