Crime and Court
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Transcript Crime and Court
Crime and Court
American Government
Adversary System
Adversary System
An adversary system is a judicial system in which opposing lawyers present their strongest cases
Presumption of Innocence
In the United States our legal system is based on the presumption that you are innocent until
proven guilty
The burden of proof is on the prosecution. The prosecution must prove your guilt, you do not have to prove
your innocence
Types of Law
In the United States we deal with two basic types of law
Criminal law deals with individuals who have violated specific laws
Civil law deals with multiple parties over a wide range of matters
This matters include property ownership
Divorce
Child custody
Mergers,
Personal property damage
Statutes
A statute is a law that is written down so that everyone might know and understand it.
Statutes are sometimes referred to as “roman laws” because they are based on an
approach to making laws derived from the ancient Romans
A statute is a law written by a legislative branch of government
Statutes:
Limit citizens behavior
Specify rules for inspecting food
Set minimum ages for work permits
Set rules for social security
Establish and manage veteran’s hospitals
Set rules for drivers licenses,
Set rules for check credit
Set rules for returning merchandise
Etc.
Common Law
Common law is the single most important basis of the American legal system
Common law is created by judges in the process of resolving individual cases.
Common law is based upon precedents.
A precedent is a decision made in previous cases that can be applied to future cases regarding the same types of
content
The origin of precedents stems from the term stare decisis, or “let the decision stand”.
Generally precedents are used to determine the action that will be taken by a court when they hear a case
Cogs and Gears
Equal Justice:
Equal justice under the 14th amendment forbids any state to “deny to any person within its
jurisdiction the equal protection of the law”
This means that state and local governments cannot draw unreasonable distinctions among different
groups of people
Due Process:
This is the principle in the 5th amendment stating that the government must follow proper
Constitutional procedures in trials and in other actions it takes against individuals.
Constitutional Liberties
Bills of Attainder:
A Bill of Attainder is a legislative act pronouncing a person guilty of a crime, usually
treason, without trial and subjecting that person to capital punishment and attainder.
Such acts are prohibited by the U.S. Constitution.
Ex-Post Facto:
Ex-Post Facto is when a legislative body tries to retroactively punish you for an act that was
recently made a crime
This is illegal