Unit 9 Lesson 1 Law

Question 1

Rule of Law

Answer 1

The rule of law is also called the “supremacy of law”. This means the law applies to everyone, and everyone must obey the law, including citizens, non-citizens, and government leaders. The police and the courts enforce the laws, but must also obey the laws. The rule of law is reflected in the oaths of office taken by federal officials in the United States.

Question 2

Three main sources of law in US

Answer 2

There are three main sources of law in the United States: constitutions, statutes, and regulations.

Question 3

Code of Hammurabi

Answer 3

The Code of Hammurabi is a Babylonian law code, dating back to about 1772 BCE. The Code consists of 282 laws. These laws deal with contracts, transactions, family relationships, with a few laws on officials and military service. The Code is seen as a primitive form of what is now known as a constitution.

Question 4

Hammurabi’s Code is an early example of…

Answer 4

The code is also one of the earliest examples of the idea of presumption of innocence, and it also suggests that both the accused and accuser have the opportunity to provide evidence.

Question 5

Twelve Tables

Answer 5

The Twelve Tables, created in about 450 BCE, is the earliest attempt by the Romans to create a code of law. It affected both the wealthy and the common people. The tables covered procedures for trials, debt, rights of fathers over the family, inheritance laws, possession laws, land rights, laws of injury and sacred laws.

Question 6

Common Law Tradition

Answer 6

The common law tradition emerged in England during the Middle Ages and was applied within British colonies across continents. Common law is uncodified. It is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. Judges have a big role. A jury of ordinary people without legal training decides on the facts of the case. The judge then determines the appropriate sentence based on the jury’s verdict.

Question 7

Civil Law Tradition

Answer 7

The civil law tradition is codified. The legal codes give procedures and punishments for each offense. The judge’s role is to establish the facts of the case and to apply the code. The judge has much less say in how the law is applied.

Question 8

The US Constitution and law

Answer 8

The United States Constitution is the supreme law of the land. That means no law in the country can violate its rules, laws, and rights. Some parts of the Constitution give specific laws that apply everywhere in the United States. Other parts of the Constitution either allow or forbid certain types of laws.

Question 9

Statute

Answer 9

The Constitution gives Congress permission to pass laws about a limited number of topics. When Congress passes a law, that law is called a statute, and it applies to the entire United States.

Question 10

United States Code

Answer 10

All of the thousands of statutes passed by Congress are called the United States Code.

Question 11

Ordinances

Answer 11

State constitutions also authorize state legislatures to pass state laws. The state laws are also called statutes, and they only apply inside the state. Often, state statutes allow local governments to pass their own laws, which are called ordinances.

Question 12

Regulations

Answer 12

Congress has the power to pass laws, but not to carry them out. The executive branch has the power to execute, or carry out, laws. This means the two branches must work together. The executive branch is full of agencies that carry out laws. Congress does not have time to pass laws about every little detail of how all these agencies should run. Instead, Congress gives each agency the power to create its own rules, which are called regulations.

Question 13

Lawsuit

Answer 13

Statutes and regulations aren’t always clear. When people argue about how a statute or regulation should work, it often leads to a lawsuit. One side complains that it has suffered because the other side has not followed the law properly. The lawsuit will go through the court system. The court’s job is to interpret the law and decide how it should be applied to a specific case.

Question 14

Precedent

Answer 14

The lawsuit will begin in the trial court and might be appealed all the way to the Supreme Court. Once the Supreme Court has decided how the law should be interpreted, that interpretation must be followed in the future. This is called a precedent. This also happens at the state level.

Question 15

Felonies

Answer 15

Felonies are serious crimes that normally have a punishment of more than a year in jail.

Question 16

Misdemeanors

Answer 16

Misdemeanors are less serious crimes where the penalty is usually less than a year in jail or even just a fine.

Question 17

How a criminal trial works

Answer 17

In a criminal trial, the question is always, Did this person commit a crime? The government is always on one side of the case, charging someone with a crime. The person accused of the crime, called the defendant, is always on the other side. The defendant is either found innocent of the crime and is acquitted, or he or she is found guilty and is sentenced with a fine or jail time.

Question 18

How civil trials work

Answer 18

Civil laws involve a wide range of subjects such as property, divorce, contracts, wills, personal injury, bankruptcy, employment, agriculture, and taxes.

For this reason, there are many more civil laws than criminal laws. Civil laws usually help settle disagreements between people. The two sides in a civil case each get to tell their side of the story. The judge or jury decides what the facts are and what the remedy, or solution, should be.

Sometimes, like criminal cases, civil cases involve someone who has injured someone else. Many injuries, such as accidents, are not caused by a crime. The person who caused the accident and the person who was hurt must come to an agreement about how the injured person can be compensated for his or her loss.

Question 19

Provides for military justice

Answer 19

the Uniform Code of Military Justice (UCMJ), which is a set of criminal laws that apply to people in the military. The UCMJ also lists the procedures for conducting a military trial and explains what punishments are allowed.

Question 20

Juvenile justice

Answer 20

Criminal laws apply to everyone. But when a person under age 18 commits a crime, most states have a system of juvenile justice that deals with the case. The juvenile justice system allows a judge to look at many factors in a child’s life when deciding the consequences for committing a crime. As a society, we believe that young people sometimes make bad choices that they would not make if they were more mature.

Question 21

Other laws that affect juveniles

Answer 21

Outside the juvenile justice system, there are other kinds of laws that affect people under 18. Some of these are laws targeted at young people, like curfew laws or laws about school attendance. Other laws have been passed in order to protect children from abuse. Most states have a whole set of laws that describe what happens when an abused child is removed from his or her home. There are also laws about adoption, foster care, and special health and education programs for children.