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5.4 Sources and Types of Laws

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5.4 Sources and Types of Laws Powered By Docstoc
					Sources and Types of Laws

       Notes Entry 5.4
            Characteristics
• A good law:
  – Fair: equal treatment
  – Reasonable: punishment fits crime
  – Understandable: makes sense
  – Enforceable
         Sources of our Laws
• Ancient Law Systems
  – Hammurabi’s Code: eye for an eye
  – 10 commandments
  – Roman Codes
     • Jurisprudence: study of law
     • Code of Justinian: combine all Roman Law
  – English Law
     • Magna Carta: no one above the law
     • English Bill of Rights
     • Common Law System: use of precedents
        – Tort Law
             Types of Laws
• Criminal Law: keeps people from hurting
  others
• Civil Law
  – Arguments between people: no crime
• Constitutional Law
• Administrative Law
  – Laws made in response to laws passed by
    Congress
• International Law: between nations
         Adversarial Nature
• Prosecution-Defense
• Preliminary hearing: charges read, bail set
• Indictment: grand jury decides whether to
  proceed
• Arraignment: innocent or guilty?
• Plea Bargain: deal?
• Trial: (petite) jury
• Verdict and sentencing
                  Juveniles
•   16-18; tried as adult in NC at age 16
•   Identity kept secret
•   Usually released to parents until trial
•   Trial: judge only
•   Juvenile records: sealed at age 18
•   Punishment: community service (1st),
    reform schools, probation

				
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