American Law: Origins, Development, Types, Examples, and Procedures

Transcription

1 American Law: Origins, Develpment, Types, Examples, and Prcedures Overview Thrugh discussin, nte taking, and a game f Jepardy, students will learn abut the rigins f law, trace the develpment f law in America, and differentiate between the different types f laws. Students will als learn the different steps in civil and criminal judicial prceedings. T culminate their understanding f the judicial prcess, students will create psters nting the different steps a particular criminal r civil case wuld g thrugh in the judicial system. (See als What Crime Was Cmmitted fr related cntent; available in the Cnsrtium s Database f Civic Resurces.) Grade 10 Curse Civics and Ecnmics Nrth Carlina Standard Curse f Study Objective 5.02 Identify the jurisdictin f the state and federal curts. Objective 5.03 Describe the adversarial nature f the judicial prcess. Objective 6.01 Trace the develpment f law in American sciety. Objective Cite examples f cmmn, criminal, civil, cnstitutinal, administrative, and statutry law. Objective 6.03 Identify the varius prcedures in the enactment, implementatin, and enfrcement f law. Essential Questins What are the rigins f law in American sciety? What are the different types f laws in American sciety? What is the judicial prcess fr civil and criminal cases? Materials Ten Cmmandments Warm-Up Image, example attached Law Origins and Types f Law Guided Ntes, attached American Law Jepardy PwerPint, available in CEC s Database f Civic Resurces under C & E gals 5 & 6, r by ing a request t hinsn@sg.unc.edu Review f Law, attached Civil and Criminal Prcedure Flw Chart, attached Markers, Pster Bard (r chart paper) Sample EOC questins and key, attached Duratin Teachers shuld allt a minute class perid fr Day One f this lessn (time will vary based n hw lng is given t play the Jepardy game; teachers with limited time can ptinally eliminate Jepardy, r use the game during a class perid clser t EOCs as a review activity.) The secnd day will take apprximately minutes Prcedure Day One (60-90 minutes) The Origins f Law 1. Start class by prjecting an image f the Ten Cmmandments (example attached.) Ask students t cmment upn what they see and t share what they already knw abut the Ten Cmmandments. Once students have shared sme thughts, explain that the Ten Cmmandments, regardless f religin, were s influential thrughut histry that many f the same principles are fund in the very laws we have tday. Ask students if they can cite any anther ancient law surces and discuss: Why d we need laws? What purpse d they serve? Created by the Nrth Carlina Civic Educatin Cnsrtium 1

2 We ve mentined different types f crimes as we discussed the Ten Cmmandments (i.e. kill, steal, etc.) Shuld laws treat different crimes in alternative ways? (Meaning, shuld the law and punishment fr murder be different than the law and punishment fr theft?) Explain t students that there are many different types f law and that they will trace their rigins and differences tday in class. 2. Take students thrugh the attached guided ntes. The ntes will cver different law rigins and the varius types f law. Students shuld fill ut their ntes, with the teacher bringing up intriguing discussin pints whenever pssible. These ntes shuld take apprximately minutes t cmplete. Explain t students that they will be cmpeting in a game f Jepardy next, which means that these ntes will be very valuable t them in the near future. This is Jepardy! 3. Optinal: In rder t further familiarize students the rigins f law and varius types f law, play a game f Jepardy with the class using the Law Origins and Types f Law Jepardy PwerPint, available in CEC s Database f Civic Resurces, r by ing a request t hinsn@sg.unc.edu. (The Jepardy game can als be used during a later class as an EOC review activity.) T lead the game: Divide the class int three t six grups f equal size. (Yu might want t allw students t create team names.) G ver the instructins fr hw t play using Slides 2 & 3 f the Pwer Pint. Teachers shuld als review their class expectatins fr respectful grup wrk and remind students t be respectful f their wn teammates, as well as ther teams. Let students knw whether r nt they can use their ntes while playing. Teachers may als want t ffer a prize fr the grup with the mst pints, r fr all students exhibiting active and successful participatin. Review f Law 4. Optinal: After Jepardy, instruct students t return t their seats and cmplete the attached Review f Law handut. Yu may cllect this t assess student knwledge retentin when the class perid is ver. Alternatively, this sheet can be assigned fr hmewrk and cllected the fllwing class perid. Day Tw (30-40 minutes) Steps in the Judicial Prcess: Criminal and Civil Prcedure 5. Review the rigins and types f law with students. (Teachers may want t have students share their answers t the Review f Law handut in partners r small grups, r ask discussin questins f the class that require them t recall key pints frm the previus lessn.) Tell students that in tday s activities, they will be learning what happens after a law is brken as they fcus n the steps f the judicial prcess. 6. Begin by presenting a cnflict scenari t encurage discussin. Fr example, select tw students in the class and explain that Student A threw pisn n Student B s lawn. It killed all f his grass. Discuss: What are Student B s ptins fr justice? (Let students discuss pssible respnses and ffer additinal questins t further their thinking based n their respnses. Fr example, if a student respnds that a fist fight wuld be in rder, discuss hw this culd pssibly result in having the riginal victim (Student B) g t jail fr assault. What might a better ptin be?) Hw wuld Student B g abut filing a law suit against Student A? What is the purpse f the justice system? What d yu already knw abut the judicial prcess? Is the prcess always the same, regardless f the law brken? Explain. Tell students that they will be explring the judicial prcess fr bth criminal and civil cases. 7. Pass ut the attached Civil and Criminal Prcedure Flwcharts. Cmplete the sheet with students, describing the different steps in the judicial prcess. Try t keep explanatins relatively simple as yu g thrugh the sheet. If necessary, use a specific example fr each prcess and take students thrugh the prcess using that example. Civil Law example: Tell students Neighbr A allws his dg t cnstantly rip up Neighbr B s flwers. Dispute The dg ripping up the flwers (the prblem itself) Cmplaint Filed Neighbr B files a lawsuit (r cmplaint) against Neighbr A Created by the Nrth Carlina Civic Educatin Cnsrtium 2

3 Neighbr A is the defendant, and can chse a number f ptins. If A ignres the case, a judge will rule n the case withut any input frm A. If A files fr a mtin t dismiss, the judge will lk ver the case t determine whether t thrw it ut r nt. If A files an answer, we mve t the next step If A and B hire attrneys, they then g int Discvery. They will ask fr evidence and infrmatin frm ne anther, and are required t share this infrmatin with ne anther. A depsitin is a swrn testimny that can have perjury filed if untruthful. Interrgatries are questins that attrneys ask ne anther in written frm t find ut mre infrmatin. After the attrneys g thrugh this prcess, they can submit their evidence t the judge and ask fr a summary judgment. If bth agree t the facts, a summary judgment can be btained. At this step, they can als g t arbitratin. Arbitratin is like a trial frmat, with a binding utcme at the end. If n settlements can be made, r arbitratin is nt used, it ges t trial. They select a jury, make pening statements, respnd, rebut, and clse their arguments. There is a lwer standard f prf in civil cases. If a jury trial, nly need a majrity (unlike unanimus requirements in criminal cases). If a party des nt like the utcme, they can appeal t a higher curt, wh can decide t take the case r t nt take it. N new evidence can be ffered in an appeal, s it is usually nly taken by appeal in very serius cases r when there is an errr in the prcess f a lwer curt. Nte t students hw lng these prcesses take, pinting ut that the legal system usually bills by the hur. Is it mre effective r less effective t take a small case like this thrugh all f the steps, r t just settle the case ut f curt? Criminal law example: Chse an example like murder. Explain hw mre serius ffenses are mre likely t g thrugh the entire prcess. Make sure t discuss with students why the majrity f cases are settled ut f curt (legal csts, plea bargaining, etc.) The crime f murder was cmmitted. The victim s family has t bring charges. Public safety fficials als bring charges. In the case f a murder, the type f crime must be determined. (They will chse between manslaughter, murder in the first degree, secnd, etc.) After charges are brught, they must prcess the accused (fingerprints, etc.) The alleged murderer then becmes a defendant after the crime is charged by public safety fficials. A grand jury will review the evidence prvided by public safety fficials. The prsecutr (ften a district attrney) will present evidence befre a grand jury t determine whether there is enugh evidence t indict the accused. The alleged murderer will plead guilty r nt guilty. Prsecutrs and defendants ften have cnversatins utside f the curtrm t ffer plea bargains, r reduced sentences t get guilty pleas. If the alleged murderer chses nt t plea bargain, the case ges t trial. It fllws the same prcess as a civil trial, but the majr difference is the standard f prf. There must be beynd a reasnable dubt prf that the accused cmmitted a crime. This means that there must be n reasnable dubt that the murderer is guilty. If fund guilty, there is a sentencing prcess (smetimes chsen by the judge, smetimes the jury). Defendants can appeal these cases, but n new evidence can be prvided. The prsecutrs CANNOT appeal a case they lse in criminal curt, as this wuld vilate the principle f duble jepardy. In a murder case that ges t trial and finds the defendant guilty, the prcess is likely t be reviewed. In capital murder cases (cases that invlve the death penalty), there are usually lengthy appeals prcesses. Civil/Criminal Prcedure Pster and Presentatin 8. Allw students t further explre the judicial prcedures fr criminal and civil cases by examining ne f the attached scenaris and cmpleting a pster in which they map ut the judicial prcess their assigned case wuld take: Break students int pairs r small grups and give each pair/grup either the attached Buggsy Jnes case r the Brenda Buttn case. (Try t ensure an equal number f partners are dealing with each case.) Prvide students with 15+ minutes t review the case and prduce a pster (detailed instructins are n the handuts.) After ging ver the instructins n the handuts, clarify with students that the final pster shuld trace all f the steps in either the criminal r civil judicial prcess, as well as chices t cntinue r end the legal prceedings at each pint in the prcess. They shuld als determine what they wuld recmmend if they were prviding legal advice in the case. (Let students knw that they d nt have t g thrugh every step i.e. plea bargaining and settling are ptins.) 9. Once students have finished their psters, teachers have tw ptins fr presentatin and review f student wrk: Optin 1: Created by the Nrth Carlina Civic Educatin Cnsrtium 3

4 Optin 2: When students have finished their psters, have them hang them n the wall (separated by case). Allw students apprximately 5 minutes fr a gallery walk during which they can view the varius psters, nting any differences r irregularities they see between psters. (Befre letting students start their gallery walk, it will be helpful t have tw student vlunteers read each case scenari fr the entire class. Als, teachers shuld review their expectatins fr safe mvement arund the rm.) When finished with the gallery walk, reassemble the students and discuss bth cases as a class. Yu may chse t call n grups whse psters made interesting arguments, were especially creative, r whse decisins puzzled yu t explain their reasning. Yu shuld als ask students the majr similarities and differences they nticed between their grup s pster and ther psters n the same case. Clarify any incnsistencies r incrrect psters. After all partners have cmpleted their pster, cmbine each pair f students with anther pair f students that wrked n the ppsite case. Have each pair f students in these newly frmed grups f fur teach the ther tw students abut their case and its prcess. Each pair in the grup f fur shuld summarize the case n which they wrked, explain whether it is civil r criminal, explain the prcess they believe the case wuld take thrugh the judicial system, and explain what their recmmendatins regarding the case wuld be. Once all pairs in their newly frmed grups have taught ne anther abut the tw cases, bring the class back tgether and discuss each case as a whle class, ensuring all students understand accurate prcedures and ptins fr each case. Clarify the chices varius grups made. (Fr example, after asking fr the decisins that students made as they went thrugh the legal prcess, if a student says they went all the way thrugh the appeals prcess in the Brenda case, ask them hw expensive they think that prcess wuld be. If they said they tk a plea bargain in the Buggsy case, ask them whether they wuld d it if they were 100% psitive that their client was inncent. Use their answers as jumping ff pints fr the class t have a discussin abut hw the legal system wrks.) Hmewrk EOC Practice 10. Optinal: Prvide the attached sample EOC questins fr students t cmplete as an assessment at the end f class, r fr hmewrk. These questins relate specifically t cntent frm this lessn. (Additinal sample EOC questins fr each C & E Cmpetency Gal may be fund in the Cnsrtium s Database f Civic Resurces.) Resurces Cmmn Law: Criminal Law: Avaln Prject at Yale Law Schl: Law 101: Everything Yu Need t Knw Abut the American Legal System. Feinman, Jay. Oxfrd University Press. 2 nd editin. (2006) Civic Educatin Cnsrtium s Online Database: Multiple Intelligences Addressed Lgical-Mathematical Verbal-Linguistic Visual-Spatial Interpersnal Intrapersnal Created by the Nrth Carlina Civic Educatin Cnsrtium 4

5 Ten Cmmandments Warm-Up Image Created by the Nrth Carlina Civic Educatin Cnsrtium 5

6 Law Origins Name: Perid: Date: Types f Cdes Mral Cde Legal Cde Famus Cdes f Law Thrugh Histry Cdes f Hammurabi ( ) Ten Cmmandments ( ) Justinian Cdes ( ) Dracnian Laws ( ) English Bill f Rights ( ) British Cmmn Law ( ) Irquis Natin s Cnstitutin ( ) Scial Cntract ( ) Magna Carta ( ) Declaratin f Independence ( ) U.S. Cnstitutin ( ) Created by the Nrth Carlina Civic Educatin Cnsrtium 6

7 Types f Law Using these different rigins, many different f law develped. There are seven majr types f law: Created by the Nrth Carlina Civic Educatin Cnsrtium 7

8 Law Origins - Key Name: Perid: Date: Types f Cdes Mral Cde A cde f cnduct. What is right/wrng. Defined by Sciety. Legal Cde A type f legislatin that creates laws fr a sciety. Unlike a Mral Cde, these can be enfrced in a curt f law. Famus Cdes f Law Thrugh Histry Cdes f Hammurabi (1760 BC ) Develped in Ancient Babyln, this cde demnstrates reciprcal punishment. Meaning an eye fr an eye: Ten Cmmandments ( Apprx BC) A list f mral and religius principles given t Mses in Ancient Israel. Cntains many principles still used tday (thu shall nt kill, steal, cvet, etc.) Justinian Cdes ( AD) This Cde, frm the Byzantine Empire, cmpiled many Rman Laws int different singular areas. Became a basis fr civil law in the Byzantine Empire. Dracnian Laws (Arund 610 BC ) Ancient Greek cde. The cde was very harsh, rdering death fr many crimes (including tiny nes like stealing an apple). This was dne t quell rebellins, but did nt wrk. English Bill f Rights (1689) Prtected certain rights f English citizens, including the right t petitin and bear arms. British Cmmn Law (1154) Cmmn Law is the idea that current curt cases can be judged based n the idea f precedent. Curts review cases and decide n precedent. Curts can als verturn precedent. Irquis Natin s Cnstitutin (1500s) Als called Gayanashagwa (r Great Law f Peace). This created a Great Peacemaker (like a President), and is thught t have influenced the US Cnstitutin. Scial Cntract (1651, 1689, 1762) Develped by Hbbes, Russeau, and Lcke, this is the idea that peple give up sme f their rights in rder t maintain a sciety and gvernment. Magna Carta (1215) M.C. required the King f England t be bund by laws. It als prtected habeas crpus, r the right t appeal unlawful detentin. Frmed a large basis f the US Cnstitutin. Declaratin f Independence (1776) Written primarily by Thmas Jeffersn, this statement is nt law, but identifies many human rights and principles that infrm ur laws tday. Als declared US independence. U.S. Cnstitutin (1787) Basis f American law, established prtected rights in the Bill f Rights. Created by the Nrth Carlina Civic Educatin Cnsrtium 8

9 Law Types Using these different rigins, many different types f law develped. There are seven majr types f law: Created by the Nrth Carlina Civic Educatin Cnsrtium 9

10 Review f Law Side 1 Name: Perid: Date: Famus Cdes f Law Thrugh Histry Pick ne f the famus examples f law thrughut histry. Prvide a brief discussin f that law, and hw yu think it infrms the law that we make tday. Yu may use any ne f the eleven examples prvided in yur ntes. The Areas f Law Next t each area f law belw, please prvide a definitin in YOUR OWN WORDS, as well as an example f this area f law. Yu may draw n the many examples brught up in ur Jepardy game, yur persnal experiences, r yu may attempt t make ne up. Fr example, with Criminal Law, I might make up the example crime f stealing 700 lbs f maynnaise frm the lcal grcery stre. This wuld be tried in a criminal curt because it invlves theft. 1. Cmmn Law - 2. Criminal Law - Created by the Nrth Carlina Civic Educatin Cnsrtium 10

11 Review f Law Side 2 The Areas f Law cnt d 3. Civil Law - 4. Cnstitutinal Law - 5. Administrative Law - 6. Statutry Law - 7. Internatinal Law - Created by the Nrth Carlina Civic Educatin Cnsrtium 11

12 Civil and Criminal Prcedure Flwcharts Name: Perid: Date: Civil Prcedure Criminal Prcedure Created by the Nrth Carlina Civic Educatin Cnsrtium 12

13 Civil and Criminal Prcedure Flwcharts - Key Name: Perid: Date: Civil Prcedure Majrity settled ut f curt Criminal Prcedure Majrity plea bargained Created by the Nrth Carlina Civic Educatin Cnsrtium 13

14 The Case f Buggsy Jnes & Gas-Em -Up - Pster Directins Yu will have minutes t cmplete yur grup wrk. Begin by individually reading the case summary. Jt dwn sme ntes abut the case and underline the imprtant pints. Once yu and yur partner/grup has finished reading, talk abut the case, summarizing it fr ne anther and clarifying any questins. Determine what type f case this is: criminal r civil. Next, map ut (n ntebk paper) the steps this case wuld g thrugh in the judicial prcess. Trace ALL f the pssible steps f this case. Yu may use yur ntes t ensure accuracy. At each step, each f yu shuld decide whether yu wuld advise yur ptential client t cntinue in the prcess r nt. Prvide a shrt explanatin f WHY yu wuld advise the client this way. (Fr example, if yu tell a client t g all the way thrugh the appeals prcess, WHY d yu think this is in yur client s best interest?) Once yu are sure f the judicial prcess the case wuld g thrugh, and have explred all f the ptins at each step, create a pster detailing this infrmatin. Anyne unfamiliar with yur case and the judicial prcess shuld be able t learn this infrmatin frm reading yur pster and its map f the judicial prcess. Be creative, clrful, and accurate! All grup members must participate. Be prepared t share yur psters with classmates, as well as take questins frm yur teacher and fellw classmates regarding yur wrk. Case Summary Buggsy Jnes is accused f rbbing Gas-Em -Up, a gas statin. The wner reprted the rbbery t plice fficers. The plice perfrmed an investigatin, and the wner claims that Buggsy rbbed him at gunpint. Security camera ftage f Buggsy is prvided by the wner, althugh the rbber was wearing a mask. The Plice see this as an pen and shut case. They charge Buggsy with armed rbbery, and ffer him a 2 year sentence in exchange fr a guilty plea. Buggsy maintains his inncence. Yur grup needs t help advise him f the legal prcess and his ptins ging frward. Created by the Nrth Carlina Civic Educatin Cnsrtium 14

15 The Case f Brenda Buttn v. GG Aut - Pster Directins Yu will have minutes t cmplete yur grup wrk. Begin by individually reading the case summary. Jt dwn sme ntes abut the case and underline the imprtant pints. Once yu and yur partner/grup has finished reading, talk abut the case, summarizing it fr ne anther and clarifying any questins. Determine what type f case this is: criminal r civil. Next, map ut (n ntebk paper) the steps this case wuld g thrugh in the judicial prcess. Trace ALL f the pssible steps f this case. Yu may use yur ntes t ensure accuracy. At each step, each f yu shuld decide whether yu wuld advise yur ptential client t cntinue in the prcess r nt. Prvide a shrt explanatin f WHY yu wuld advise the client this way. (Fr example, if yu tell a client t g all the way thrugh the appeals prcess, WHY d yu think this is in yur client s best interest?) Once yu are sure f the judicial prcess the case wuld g thrugh, and have explred all f the ptins at each step, create a pster detailing this infrmatin. Anyne unfamiliar with yur case and the judicial prcess shuld be able t learn this infrmatin frm reading yur pster and its map f the judicial prcess. Be creative, clrful, and accurate! All grup members must participate. Be prepared t share yur psters with classmates, as well as take questins frm yur teacher and fellw classmates regarding yur wrk. Case Summary Brenda Buttn was in a serius car accident; she was hit by a drunk driver. Brenda sues the drunk driver fr negligent behavir. Brenda als sues her car s manufacturer, GG Aut, since when the car Brenda was driving was struck by the drunk driver, the airbags did nt deply. This caused serius facial injury t Brenda. GG Aut has hired yu as an attrney in this case. Yur jb is t walk them thrugh the different steps f the prcess and advise them f their best utcmes. It shuld be nted that a similar incident happened twice befre with their cmpetitrs, Jy Aut and CarLve Aut. Jy Aut went thrugh the entire legal prcess and lst their lawsuit (incurring legal fees and a cash award t the plaintiff). CarLve Aut settled ut f curt fr an undisclsed amunt. Created by the Nrth Carlina Civic Educatin Cnsrtium 15

16 Name: Perid: Date: 1. This cde f law was develped in Ancient Babyln and demnstrated the principle f reciprcal punishment. A. Cdes f Mntezuma B. The Justinian Cdes C. The Babylnian Cdes D. Cdes f Hammurabi 4. Which f these dcuments is/was nt a legally binding dcument? A. The United States Cnstitutin B. The Declaratin f Independence C. The English Bill f Rights D. Cdes f Hammurabi 2. All f these histrical dcuments influenced the American system f law EXCEPT: A. Dracnian Laws B. Irquis Natin s Cnstitutin C. Scial Cntract Thery D. Cdes f Pnce De Len 3. Which f these dcuments limited the pwer f England s King and frced him t be bund by the rule f law? A. The Magna Carta 5. Read the descriptin f the legal case belw and decide the area f law best suited t handle the case. A cmpany manufactures tmat sup. The can cntaining the sup cntains a defect that causes cnsumers t injure their hands when they pen the can. The cnsumers want t file a lawsuit t pay fr their medical bills. A. Statutry Law B. Administrative Law C. Civil Law D. Criminal Law B. The English Bill f Rights C. The Declaratin f Independence D. English Cmmn Law Created by the Nrth Carlina Civic Educatin Cnsrtium 16

17 6. Laws that gvern agreements between cuntries (such as treaties and agreements) are gverned by what area f law? A. United Natins Reslutins B. Internatinal Law C. Cnstitutinal Law D. Cmmn Law 9. A cmplaint is. A. When a defendant files a mtin t dismiss a case based n a lack f evidence B. When a plaintiff files a mtin t dismiss a case based n a lack f evidence C. When a plaintiff files a legal charge against a defendant D. When a defendant files a legal charge against a plaintiff 7. If a theft ccurs in a grcery stre, the stre s wner may find a legal reslutin in each avenue EXCEPT: A. Civil Law Case B. Criminal Law Case C. Administrative Law Case D. Nt filing charges 10. Select the crrect rder in Criminal Law Prcedure: A. Cmplaint Discvery Trial B. Appeal Discvery Trial C. Trial Discvery Appeal D. Indictment Trial Appeal 9. A decisin brught befre the United States Supreme Curt is usually which area f law? A. Cnstitutinal Law B. Cmmn Law C. Criminal Law D. Statutry Law 11. The Discvery Perid in a Civil Law case is best defined as: A. When bth sides find ut infrmatin frm ne anther thrugh depsitins and interrgatries. B. When bth sides discver evidence by themselves and seek subpena pwers. C. When a claimant discvers that a case is nt wrth the legal expense t file D. When the crime is discvered. Created by the Nrth Carlina Civic Educatin Cnsrtium 17

18 Answer Key 1. D 2. D 3. A 4. B 5. C 6. B 7. C 8. A 9. C 10. D 11. A Created by the Nrth Carlina Civic Educatin Cnsrtium 18