Crimes against property are the most common Types: felony (murder/robbery) and misdemeanor (graffiti) Civil law disputes between people or gov’t – All Americans are affected most by these types of laws can be over a broken contract Lawsuit civil case legally brought before court by civilians (not gov’t) – Military law statues for those serving in armed forces or those who are working for the military – (contract workers) Military is affected most by these types of laws people must follow civil and military law Court-Martials tries those accused of breaking military law Sources of law: US Constitution - supreme law of the land state constitution statutes - law written by a legislative branch of gov’t case law - law established by judicial decision administrative agencies Case law laws established by judicial decisions – Administrative law rules/regulations for the executive branch and its agencies – 15.2 The American Legal System Basic Legal Rights Protection Against Unlawful Imprisonment (Article I) Writ of habeas corpus bring prisoner to a judge to justify his/her imprisonment (this is – a court order) Safeguards unlawful imprisonment Forbids gov’t from issuing bill of attainder (law that punishes a person accused of a crime without trial/fair hearing in court) Forbids ex post facto law (allows person to be punished for action that wasn’t against the law when committed) ex post facto means after the fact – Administration of Justice 14th amendment - civil rights to enslaved people/treat all people equal 14th Amendment strengthens 5th Amendment (due process gov’t can’t take – life/liberty/property without legal procedure) Right of the Accused **person is innocent until proven guilty Fourth Amendment Rights protects against unreasonable sear/seizures –
Crimes against property are the most common Types: felony (murder/robbery) and misdemeanor (graffiti) Civil law – disputes between people or gov’t All Americans are affected most by these types of laws can be over a broken contract Lawsuit – civil case legally brought before court by civilians (not gov’t) Military law – statues for those serving in armed forces or those who are working for the military (contract workers) Military is affected most by these types of laws people must follow civil and military law Court-Martials tries those accused of breaking military law Sources of law: US Constitution - supreme law of the land state constitution statutes - law written by a legislative branch of gov’t case law - law established by judicial decision administrative agencies Case law – laws established by judicial decisions Administrative law – rules/regulations for the executive branch and its agencies 15.2 The American Legal System Basic Legal Rights Protection Against Unlawful Imprisonment (Article I) Writ of habeas corpus – bring prisoner to a judge to justify his/her imprisonment (this is a court order) Safeguards unlawful imprisonment Forbids gov’t from issuing bill of attainder (law that punishes a person accused of a crime without trial/fair hearing in court) Forbids ex post facto law (allows person to be punished for action that wasn’t against the law when committed) – ex post facto means after the fact Administration of Justice 14th amendment - civil rights to enslaved people/treat all people equal 14th Amendment strengthens 5th Amendment (due process – gov’t can’t take life/liberty/property without legal procedure) Right of the Accused **person is innocent until proven guilty Fourth Amendment Rights – protects against unreasonable sear/seizures
ch-15-notes-for-review.docx