The-American-Legal-System(chapter-3)(共26张)
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common law.
Louisiana bases its law on the civil law.
Influence of its French heritage
第16页，共26页。
Common Law in America
After the Revolution, Americans had to choose what parts of English law would remain in force.
In nineteenth-century America equity and common law merged.
第19页，共26页。
The American Experience
Four basic principles underlie the operation of both federal and state courts and the actions of the thousands of men and women who serve in the American legal system.
Substantive due process is a kind of shorthand for certain rights, some that are specified in the Constitution and some that are not.
An example of a law that the Supreme Court has found to violate substantive due process is a law that requires all children to attend public schools and does not permit them to attend private schools.
The equal justice principle is spelled out in the Fifth through Eighth Amendments to the Constitution.
第21页，共26页。
Due Process of Law
Due process has both a substantive part and a procedural part.
第17页，共26页。
Equity
Eqquuiittyyisisaassyysstetemmoof frurluelsesbybywhwihchichdisputes
darisepruetseoslvaerde ornestohlevegdroounndths eofgfraoiurnnedsss.of fairness. In medieval times the office of a royal official, the chancellor, became a court.
Must have credible witnesses to charge someone with a crime.
Can not be imprisoned without a trial by jury.
Only those who know the law can become policeme
The Magna Carta is most important because it established the idea of a
limited government, one in
which the ruler's power is not absolute but limited. It also talked of rights that could not be violated. Even though most of these applied to feudal lords, others were written specifically to limit the king's power.
The phrase “equal justice under the law” refers to the goal of the American court system to treat all persons alike.
Every person, regardless of wealth, social status, ethnic group, gender, or age, is entitled to the full protection of the law.
Can not accuse someone of committing a crime without proof.
Stealing is wrong. You can not purchase stolen goods.
第3页，共26页。
the Ten Commandments
Another early set of written laws that has influenced our legal system is the Ten Commandments found in the Bible.
Chapter 3
History and the law
第1页，共26页。
History of American Law
Early Systems of Law The earliest known written laws or rules were based on practices in tribal societies Code of Hammurabi (Mesopotamians) Ten Commandments (Christians) Justinian Code: 534 AD (Romans) Napoleonic Code (French) Magna Carta (English)
This court, which represented the king’s conscience, developed the theory of equity.
第18页，共26页。
Equity (cont.)
An equity court could require an action beyond the payment of money or even stop a wrong before it occurred.
第11页，共26页。
The concept of a social contract came
through, as well. It was an agreement between the king and a few of the people. Some of its other ideas would later become more important. For example, the American colonists found the
Law courts Equity courts (Court of Chancery) Merchant courts
第15页，共26页。
Adoption of English Common Law in America
All the states except Louisiana base their legal systems on the English
How did these Laws help to create American Law?
第2页，共26页。
Code of Hammurabi: 1686 BC
The most well-known of these was the Code
of Hammurabi, a collection of laws assembled by Hammurabi, king of Babylonia from 1792 to 1750 B.C.
This was the foundation from which American judges developed a common law in America.
第13页，共26页。
English Common Law
Law developed by judges who issued their opinions when deciding a case.
These principles include:
equal justice under the law
due process of law
the adversary system of justice
the presumption of innocence
第20页，共26页。
Equal Justice Under the Law
第6页，共26页。
第7页，共26页。
第8页，共26页。
第9页，共26页。
Magna Carta (1215)
In 1215, a group of barons who had the support of the church and others forced King John to sign the Magna Carta. It established certain traditional rights and, by implication, promised not to violate them.
The principles announced in these cases became precedent for later judges deciding similar cases.
第14页，共26页。
English Common Law (continued)
The English common law can be divided into cases decided by the:
idea of "no taxation without representation" embedded in the Magna
Carta.
第12页，共26页。
The English Heritage When the American colonies were
first settled, the English system of law was generally adopted as the system of jurisprudence.
The Bible served as the source of law for the Hebrews living in ancient Palestine.
第4页，共26页。
Napoleonic Code: 1804
The Napoleonic code was the first legal code to be established in a country with a civil legal system.
State constitutions today and the federal Constitution are worded in legal terms reflecting English common law.
The practice of common law continues across the United States today, except in Louisiana, where legal procedures based on the Napoleonic Code persist.
Divided civil law into: 1. personal status 2. property 3. acquisition of property
第5页，共26页。
Magna Carta: 1215
Police can not use there position in
society to take from(降低(jiàngdī)) others.
Louisiana bases its law on the civil law.
Influence of its French heritage
第16页，共26页。
Common Law in America
After the Revolution, Americans had to choose what parts of English law would remain in force.
In nineteenth-century America equity and common law merged.
第19页，共26页。
The American Experience
Four basic principles underlie the operation of both federal and state courts and the actions of the thousands of men and women who serve in the American legal system.
Substantive due process is a kind of shorthand for certain rights, some that are specified in the Constitution and some that are not.
An example of a law that the Supreme Court has found to violate substantive due process is a law that requires all children to attend public schools and does not permit them to attend private schools.
The equal justice principle is spelled out in the Fifth through Eighth Amendments to the Constitution.
第21页，共26页。
Due Process of Law
Due process has both a substantive part and a procedural part.
第17页，共26页。
Equity
Eqquuiittyyisisaassyysstetemmoof frurluelsesbybywhwihchichdisputes
darisepruetseoslvaerde ornestohlevegdroounndths eofgfraoiurnnedsss.of fairness. In medieval times the office of a royal official, the chancellor, became a court.
Must have credible witnesses to charge someone with a crime.
Can not be imprisoned without a trial by jury.
Only those who know the law can become policeme
The Magna Carta is most important because it established the idea of a
limited government, one in
which the ruler's power is not absolute but limited. It also talked of rights that could not be violated. Even though most of these applied to feudal lords, others were written specifically to limit the king's power.
The phrase “equal justice under the law” refers to the goal of the American court system to treat all persons alike.
Every person, regardless of wealth, social status, ethnic group, gender, or age, is entitled to the full protection of the law.
Can not accuse someone of committing a crime without proof.
Stealing is wrong. You can not purchase stolen goods.
第3页，共26页。
the Ten Commandments
Another early set of written laws that has influenced our legal system is the Ten Commandments found in the Bible.
Chapter 3
History and the law
第1页，共26页。
History of American Law
Early Systems of Law The earliest known written laws or rules were based on practices in tribal societies Code of Hammurabi (Mesopotamians) Ten Commandments (Christians) Justinian Code: 534 AD (Romans) Napoleonic Code (French) Magna Carta (English)
This court, which represented the king’s conscience, developed the theory of equity.
第18页，共26页。
Equity (cont.)
An equity court could require an action beyond the payment of money or even stop a wrong before it occurred.
第11页，共26页。
The concept of a social contract came
through, as well. It was an agreement between the king and a few of the people. Some of its other ideas would later become more important. For example, the American colonists found the
Law courts Equity courts (Court of Chancery) Merchant courts
第15页，共26页。
Adoption of English Common Law in America
All the states except Louisiana base their legal systems on the English
How did these Laws help to create American Law?
第2页，共26页。
Code of Hammurabi: 1686 BC
The most well-known of these was the Code
of Hammurabi, a collection of laws assembled by Hammurabi, king of Babylonia from 1792 to 1750 B.C.
This was the foundation from which American judges developed a common law in America.
第13页，共26页。
English Common Law
Law developed by judges who issued their opinions when deciding a case.
These principles include:
equal justice under the law
due process of law
the adversary system of justice
the presumption of innocence
第20页，共26页。
Equal Justice Under the Law
第6页，共26页。
第7页，共26页。
第8页，共26页。
第9页，共26页。
Magna Carta (1215)
In 1215, a group of barons who had the support of the church and others forced King John to sign the Magna Carta. It established certain traditional rights and, by implication, promised not to violate them.
The principles announced in these cases became precedent for later judges deciding similar cases.
第14页，共26页。
English Common Law (continued)
The English common law can be divided into cases decided by the:
idea of "no taxation without representation" embedded in the Magna
Carta.
第12页，共26页。
The English Heritage When the American colonies were
first settled, the English system of law was generally adopted as the system of jurisprudence.
The Bible served as the source of law for the Hebrews living in ancient Palestine.
第4页，共26页。
Napoleonic Code: 1804
The Napoleonic code was the first legal code to be established in a country with a civil legal system.
State constitutions today and the federal Constitution are worded in legal terms reflecting English common law.
The practice of common law continues across the United States today, except in Louisiana, where legal procedures based on the Napoleonic Code persist.
Divided civil law into: 1. personal status 2. property 3. acquisition of property
第5页，共26页。
Magna Carta: 1215
Police can not use there position in
society to take from(降低(jiàngdī)) others.