Morality refers to a society’s values and beliefs about right and wrong.
Ethics refers to the rules used to determine the difference between right and wrong.
People do not always behave morally or ethically, so we need law.
Law is a system of rules established by a government according to the values of society and having legal force.
5 Main Sources of Law
Constitutional Law
Constitutional law is the set of laws created by a country’s constitution. A constitution is a formal document that lays out the basic principles that govern society.
Common Law
Common law is the set of laws created over time through customs and judgments by courts, which later courts must follow.
Statutory Law
Statutory law is the set of laws created by a governing body, called a legislature, whose purpose is to pass new laws.
Court Decisions
Courts make laws in three ways:
1) Common Law and traditions
2)interpreting statutes
3)through judicial review, or deciding whether some laws conflict with the Constitution
Administrative Law
Administrative law is the set of laws created by government agencies. For example, the Federal Trade Commission has the power to make rules regulating business.
1.2 The Court System and Trial Procedures
The United States has two major court systems: the federal and the state courts.
The power a court has to hear a case and make a judgment is called jurisdiction.
The federal court system consists of:
district courts
appellate courts
special u.s. courts
Supreme Court
Most state court systems consist of:
local trial courts
general trial courts
special courts, such as juvenile courts
intermediate appellate courts
state supreme courts
An appellate court is not a trial court, but reviews the decision of a lower court.
Courts hear two types of cases:
criminal and civil
Civil cases are brought by one individual against another.
Criminal cases are brought by the government for offenses committed against the public.
A civil case begins with one individual suing another. The plaintiff is the person bringing the lawsuit. The defendant is the person being sued.
A criminal case begins with the arrest and arraignment of a person.
An arrest is when a person is legally deprived of his or her freedom.
An arraignment is when a person is read the charges and asked to plead guilty or not guilty.
There are several steps to a trial:
selecting the jury
arguments and evidence by the lawyers
judge’s instructions to the jury
verdict and judgment
If the defendant is found liable in a civil case, the plaintiff is granted a remedy, often in the form of money.
If the defendant is convicted in a criminal case, the defendant is punished in the form of a fine, imprisonment, or both.
In either case, if the defendant is found liable or convicted, the defendant has the right to appeal the judgment to an appellate court.
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