United States Government: Democracy in Action

Chapter 15: Law in America

Chapter Overviews

[logo] Essential Question
What are the major sources for American law, and what key principles guide our legal system?

Section 1 Sources of American Law
Early systems of law, such as the Code of Hammurabi and the Ten Commandments, have become models for ethical law. The laws that govern the United States have their basis in constitutional law, statutory law, administrative law, common law, and equity. Constitutional law applies to laws that limit government power and protect rights of the individual. Statutory law is the body of laws written by a legislative branch of government, such as the U.S. Congress, state legislatures, and city councils. Administrative law refers to regulations and procedures created by agencies that administer programs, such as the Social Security Administration and Medicaid. Common law, also called case law, relies on precedents to guide judges' decisions. Equity, or fairness, is a set of legal rules that developed over time to supplement or overrule common or statutory law. Civil lawsuits are decided on principles of equity in order for a court to include a remedy to a problem.

Four basic principles underlie how both federal and state courts operate. The principle of equal justice under the law grants all Americans the same rights. The principle of due process of law includes substantive due process—or fair laws—and procedural due process—or fairness in the way a law is carried out. Procedural due process prohibits arbitrary enforcement of the law and makes sure that law enforcement is constitutional. A third principle is an adversary system of justice in which lawyers for opposing sides try to present their best legal arguments to win. The fourth principle of the American justice system is that people who are accused are presumed to be innocent until the state proves them guilty.

Section 2 Civil Law
Civil law concerns disputes among two or more people, or between individuals and the government. Civil cases arise when people believe they have suffered an injury or want to prevent a harmful action. Civil law includes contracts, property law, family law, and torts—wrongful acts for which an injured person can sue for damages in a civil court.

The plaintiff in a civil case, or lawsuit, brings charges against the defendant. The plaintiff usually seeks damages in the form of money. In an equity lawsuit, the plaintiff may ask the court to issue an injunction to stop a defendant from taking or continuing an action. A lawsuit begins when the plaintiff's lawyer files a complaint against the defendant, and both sides take part in pretrial discovery. The lawsuit may be settled before trial through settlement, mediation, and arbitration. If civil cases go to trial, plaintiffs give their side first, followed by the defendants. The judge and jury render a verdict. When the plaintiff wins, the court can award monetary damages, issue an injunction, or both. Most states have created small claims courts to hear cases involving from $1,000 to $5,000.

Section 3 Criminal Law
In a criminal law case, the government is the prosecutor who charges the defendant with a crime. Each state has a penal code that defines crimes and their punishments. Crimes may be classified as petty offenses (minor crimes), misdemeanors (more serious crimes punishable by fines or jail sentences of a year or less), and felonies (very serious crimes punishable by imprisonment of more than one year or by death).

Police investigate crimes by gathering evidence. If enough evidence is gathered, a judge issues a warrant to arrest a suspect. The suspect must be brought before a judge to be charged. For a felony, the judge sets a date for a preliminary hearing, an information, or a grand jury. A suspect may be required to post bail, which, according to the Eighth Amendment, cannot be excessive. About 90 percent of all criminal cases end here with a guilty plea because of plea bargaining. If the case continues, however, the next step is the arraignment where the defendant pleads guilty, not guilty, or no contest. If the plea is "not guilty," a jury trial or bench trial is held. The prosecution presents its case, followed by the defense. A jury must decide guilt "beyond a reasonable doubt." The judge usually determines the sentence for a guilty verdict.

Section 4 Rights of the Accused
The Bills of Rights includes rights of the accused. The Fourth Amendment protects people against unreasonable searches and seizures. Police must have probable cause to suspect that someone committed a crime and to obtain a search warrant. The exclusionary rule prohibits illegally obtained evidence from being introduced at a trial. Automobiles may be searched without a warrant with probable cause. School officials need only reasonable suspicion before searching students or their property.

The Sixth Amendment guarantees a defendant the right to counsel. The Fifth Amendment protects the accused from self-incrimination. In Miranda v. Arizona, the Court also ruled that the Fifth Amendment requires police to inform suspects of their rights before questioning them in custody. Another Fifth Amendment right prevents people from being tried twice for the same crime.

The Eighth Amendment forbids cruel and unusual punishment for those found guilty. The debate over whether the death penalty is cruel and unusual punishment continues.