The Rule of Law and Its Influence on the United States PDF

on the United States The Rule of Law and Its Influence leg a its influence on the development of Define the rule of law and recog nize politi vernmental sy No one is above the lave. ly. including gov ernment officials. must be followed by everyone equa Definition of Rule of Law - The law under the r...

on the United States The Rule of Law and Its Influence leg a its influence on the development of Define the rule of law and recog nize politi vernmental sy No one is above the lave. ly. including gov ernment officials. must be followed by everyone equa Definition of Rule of Law - The law under the rule of lawIn a society that doesn’t operate of law: the rule In a society that operates under All people, including leaders, obey the same laws. quences if they A leaders, suffer the same conse ~ | people, including Leaders can break laws the nsible if they sre caught breaking Lesders are either not helc respo else’ r than everyone law or their consequences are lighte break the laws. to do things that break the law. Leaders cannot use their power take if they think 8 procedures snc actions people can stitutional uncon Is law jo ing something wrong of 5 law of the land, so no state or The Constitution is the supreme t it. The president and governors Congress can pass laws that g° agains such as embezzling money or Leaders abuse power in many wsys, ed having people they dont like arrest s do something wrong Decause People don't take action when eader se they might be afraid of they know it won't do any good or becau repercussions. previous laws if there isnta Laws can be passed that contradict s for the nation. guiding Gocument or document t it can't make decisions that go agains 8 law's constitutionality, judges must When a question comes up about authority. use the Constitution ss the fins opinion to decide cases rather than Judges can use their own personal referring to 3 guiding document. Impact impact This creates a society that is open and honest. People trust that the This creates a society ety in which people do not know from one case to law will be followed and enforced and that court decisions will be fair the next whether the lav will be enforced, and they do not trust thats They are not afraic of their leaders. They know what is going onin Gecision in court will be fair. They may be afraid of or may not trust government their leaders to do the right thing. They often have little idea of what is really going on in government. DueP rocess Meaning Importance o< + Su Due process is an important part of the rule of law that applies when Oue process protects someone has been accused of acrime. The Fifth Amendment says that government from imprisoning or persecuting people for arbitrary the rights of accused people. It keeps the no one can have their life, liberty, or property taken away unless reasons, such as not liking the person or their political views. It keeps government officials follow the correct legal procedures (due process). law enforcement and the government from abusing power. It This means many things, such as that a person can't be jailed without promotes public trustin the government. It creates a society without knowing what they were charged with, or held in jail for long periods fear. of time for no reason, If charged, they must be given a trial with an impartial judge. oq Aew yury3 A5u3 Sjdoed szeuiuui|s 03 suosnf aandedsosd Pepssu sve ueuI Wiodsu 03 suowwn 30Su uorsanb sus |um ajdosd suow Aueyy Aanmp /unl soy todas |JIM a|dosd ussoyp Ajwopues “sszepIPUED PayyeNd 5uz Wos4 351] BSUS! | FIBA JO UOIIEISIESs JSJOA WAY SSWEU YR/A JETS STINOD SUL ssad0id uo ayes Aung JUBWOUSy yIUEASS — aud ag jeys Aunt Ag jet so YS (SIBACIQUOD Lil ANJEA BYI BISYM MES UOUILUOD J SJINS UF quawpuswiy uIXIS — pazuuod LentenJEILIEOW! pe tne PAINE UE oli 0d pue Apaads & 0} 248s ay3 Aofua jeys pasnaze ay} ‘suon An AG win ‘JEL U2 je Uy sUsWpUSWY UBIy — Aunt pues & 30 JUSUR2IPU! JO JUaLWUSSaJd eB > JO ‘JERIMED C JOY JAMSUE 0} P Z YO!I28S "||| BDU — 2 U! Pjay se lo aq sjeys fEL > os ou \J} Aunt BABY OU OP salQuNOD weyIOAUEW ° SDIOA & SABY OF PU USLULUSAOS ul Aj323u1p Sszediniqed 03 Aeme sidosd svi8 syeuj/une oe ISDS BLULID © JO DaSN> a a o a a ” 2} sunsus op Aemsolewesuesjeujy/une ie “SBQUE/EQ PUE SHDSYD IO Ved sue pue saJEFe AjssA0 Ss! BBP! so soynsssoud € J 'SGWwexs 204) Jerod JUBWWUUBAOE yw!) sey /une oe "UOINZISUOTD SY} 03 SQUB!y Jo ||!g BUR Pue ||| S/2sy Ul PasqueeNE siqeyrswyBuesijeugfunly « waysds WNOD UEDISUWIy By} UI SaluN! jo aoUeDYyIUsIs SyL QSIUIWPE Sy} Ul SaLUN! Jo 3/0 BU} PU ssad0Ud je1N3 Sy} SquIDsEQ SALINE JO 3[0Y SY} pue ssad01q Jel SyL Types of jury trials * Criminal juries - consist of 12 people. The crime is against the laws of the state (theft, murder, assault). The jury is deciding guilt or innocence. The standard is high - beyond a reasonable doubt. The jury must al! egree on the verdict (unanimous). e Civiljuries - consist of 6 to 12 people One person, the plaintiff, brings a complaint against another (for example, suing 3 contractor for poor workmanship on your home). The jury is deciding liability. The standard is lower—s “preponderance of evidence” for the plaintiff. Some states do not require 3 unanimous decision. Sources and Types of Law Identify sources and types of law. (CG.3.10) Historical Sources of Law Hammurabi's Code The Magna Carta Hammurabi’s Code was a list of crimes and punishments in ancient The Magna Carta, or "Great Charter” was a document that a group of Babylon. Hammurabi lived in the 1700s B.CE. and wrote 3 list of 282 nobles in England forced King John to sign in 1215. It contained some laws that provided harsh punishments. The concept of “an eye for an of the most foundational principles in modern law, such as the right of eye" started here, which was the idea that the punishment should be all people to Gue process and fair trials. similar in impact to the crime. Though laws today are not nearly as harsh as Hammurabi's, we still believe that the punishment should fit the crime. Modern Sources of Law natural law statutory law Almost everyone agrees that certain things sre right and wrong and These are laws passed by any level of legislature: national, state, or share some values. Many laws are written based on these local assumptions, such ss that people have the right to freedom and that people should be treated equally. case law common law When 3 case comes up in court and s judge makes 3 decision about These are ail the case law's together as a whole. how the law applies to 5 particular case, that decision then becomes 8 guide that judges use in future cases. Comparing Types of Law Type of Law Kinds of Cases Main Question Outcomes or Where Case Is Heard Consequences These laws govern is someone liable for Judges and juries decide Mostly state and local conflicts between private responsible), and to what who has to pay and how courts parties and involve things extent? much. These laws are simed at is someone guilty of s Criminal lave provides Mostly state and local keeping society safe. They crime that puts society in punishment for people courts include anything from cGanger? who bresk it, suchas like property disputes, personal injuries, and contracts, such as those between landlords and tenants or employers and employees. Criminal speeding [3 misdemeanor) Anes, prison, community to murder (a felony). service, or probstion. This type of law deals Does this law, or action, The outcome is either with issues related to the violate the Constitution? that nothing changes Constitution. All the when a decision is upheld, decisions that federal and or that some type of law state judges make are or action is no longer collectively called allowed. Mostly federal courts constitutional law. Military These are criminsl cases. Did this member of the A convicted person may Special military courts They can include anything armed forces break the lose privileges or pay, be (however, the military from disobeying an order Uniform Code of Military discharged from the may allows to burglary. Justice? military, or be imprisoned. servicemember to be tried in civilian and military courts for the same crime) The Effects of Landmark Supreme Court Decisions Analyze the effects of landmark Supreme Court decisions on law, liberty and the interpretation of the US. Constitution. (CG.3.11) The Supreme Court has had an enormous influence over the years in helping ensure people receive rights and in interpreting the extent of people's rights. Case Questions About Constitutional Decision and Impact Principles and Individual Rights What does the Constitution say about Marbury v. Madison the role of the Supreme Court? The Supreme Court ruled in 1803 that it can only review decisions made by lower courts. It cannot order anyone to do anything. This case established judicial review. It also said that a previous law that Congress passed was unconstitutional, and therefore struck it down. This is the case that launched thousands of other cases where people Questioned the constitutionality of other laws. Dred Scott v. Sandford | Is any African American, whether The Supreme Court ruled in 1857 that people who were enslaved and currently enslaved or free, a citizen or those that had gained freedom were not citizens and could not bring are they property? cases to court. They were property. The decision enraged many abolitionists and was one of the major events in the 1850s that led the nation to civil war. ' Plessy v. Ferguson Are separate public facilities for people based onrace constitutional? The Supreme Court ruled in 1896 that separate facilities were constitutional as long as they were equal in access and quality. Southern states in particular proceeded to pass a number of segregation laws, many more than they already had. States like New York, Massachusetts, and Pennsylvania had already passed some segregation laws as well. 8rown v. Board of Are separate schools based on race The Supreme Court ruled in 1954 that separate schools were Education constitutional? unconstitutional. This was 3 reversal of Plessy. The decision started the long. slow process of integrating public schools. The process was slow because many schoo! districts defied the law. Gideon v. Wainwright Do states have to provide a lawyer to The Supreme Court ruled in 1963 that both the Sixth and the people accused of a crime who can't Fourteenth Amendments meant that 3 criminal defendant has = right afford one? to 3 lawyer, and therefore the state must provide one. Now, many lawyers donate their time to provide this service. What does the Fifth Amendment, which The Supreme Court ruled in 1966 that the police must inform people protects people from incriminating of their rights when arresting them so that they know they can remain themselves, require police to do? silent when questioned and have the right to an attorney. Now, every police officer must read suspects their Miranda rights. Many cases have been thrown out of court because a suspect was not read their rights immediately. In re Gault hb.. FLORID, 1 Aj Pate t Are juveniles who are accused of crimes The Supreme Court ruled in 1967 that juveniles are entitled to due entitled to the same rights and process, just as adults are. They must be informed of charges, givena proceduares as adults? lawyer if needed, shown evidence, and not be sentenced to harsher penalties than adults, sl! of which were problems at the time. Today, > states have reformed their procedures and are no longer lax about them. Hazelwood v. Kuhimeier Se Can the president use executive The Supreme Court ruled in 1974 that the president can withhold privilege to withhold information legally information only in certain circumstances related to the military or requested by other branches of Giplomatic relations. This limited the power of future presidents from government? using executive privilege. Can schools censor the free speech of The Supreme Court ruled in 1988 that censoring a schoo! newspaper students in e school newspaper? did not necessarily violate students’ First Amendment rights to free speech because the paper could reflect on the school. Since then, the ruling has been applied at the college level. The ruling means school officials must show that they have a strong educations! reason for censoring material.