Civics_Ch6_homework-1

=**Civics Chapter 6 Homework #1**= Answer the following on notebook paper.

1. Hammurabi's Code: The Babylonian ruler Hammurabi is credited with putting together one of the earliest known written collection of laws. The Ten Commandments of the ancient Hebrews were even earlier. Hammurabi's Code was a collection of 282 laws that set down rules for both criminal and civil law, and informed the citizens what was expected of them. There were laws on everything from trade, loans, and theft to marriage, injury, and murder. It contained some ideas that are still found in laws today in America. Specific crimes brought specific penalties. 196: If a man put out the eye of another man, his eye shall be put out. 197: If he break another man's bone, his bone shall be broken. 198: If he put out the eye of a freed man, or break the bone of a freed man, he shall pay one gold mina. 199: If a man put out the eye of a man's slave, or break the bone of a man's slave, he shall pay one-half of its value. 221: If a physician heal the broken bone or diseased part of a man, the patient shall pay the physician five skekels in money. 222: If he were a freed man, he shall pay three shekels. 223: If he were a slave his owner shall pay the physician two shekels.
 * How is Hammurabi's Code similar to our law code? Why was it important that Hammurabi wrote his codes down?**

2. Every society needs rules. Without rules, people might feel like they could do anything to anybody anytime they wanted. That is one reason why societies have laws. Laws promote the common good. Laws protect you. Laws, such as traffic laws and laws against rape and murder, are aimed at protecting your personal and physical safety. Other laws protect your property, your freedom to speak and practice your religion, while other laws protect your health. Laws also set boundaries or limit behavior. There are two major types of law. Criminal law refers to laws that define what acts are crimes. Civil law is the group of laws that deal with disputes between individuals, or lawsuits. **How do laws protect freedom?**

3. There are four major sources of U.S. law. One sources is statutory law, or laws that are passed by lawmaking bodies. These laws are also called statutes. Most criminal laws are statutory laws and are usually represented by majority rule, or what the majority of the people believe to be right or wrong. All citizens have a duty to know and obey the law. A second source is common law, or a type of law that comes from judges' decisions that rely on common sense and previous cases. Judges often make decisions based on custom, tradition, or how a ruling was done in the past. This means that judges often follow a precedent, or an earlier decision, when considering cases. A third source is administrative law, which are the regulations put forth by the bureaus and agencies that make up the bureaucracy in order to help enforce laws passed by the lawmaking body. Administrative law is an area that has grown and is not completely in line with the Constitution, since the Constitution says Congress makes laws, not agencies and bureaus. A fourth source is constitutional law, or laws based on the Constitution and on Supreme Court decisions based on interpretation of the Constitution. **List and describe the sources of U.S. law.**

4. Courts use the four sources of law to settle disputes. Disputes may take different forms. Some disputes are between people while others are between people and the government. Still, others are between governments. In a criminal case, the dispute is between society and an individual. Society is represented by an attorney for the government. In a civil dispute, both sides have attorneys or may represent themselves. In criminal cases, the person accused has certain rights, including the right to an attorney, the right to confront the accuser, and the right to a jury trial. The accused is also presumed innocent unless proven guilty. It is up to the person bringing the charges to prove the guilt beyond a reasonable doubt. If a person is convicted, then he or she has the right to appeal, or seek a review of the case by a higher court. **Why do you think (opinion) an accused person is innocent until proven guilty instead of guilty until proven innocent?**

5. The U.S. Constitution, in Article III, Section 1, provides that "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior (lower) courts as the Congress may from time to time establish." The first Congress set up three levels of courts. The U.S. District Courts are where federal cases start and have original jurisdiction. The word jurisdiction means authority to hear a case. Original jurisdiction is who has the authority to hear a case first, which at the federal level would be the U.S. District Court. The closest U.S. federal district court to us is in Johnstown. Appellate jurisdiction would be the courts who have the authority to hear appeals, or reviews from the district courts. The U.S. Circuit Courts or Courts of Appeals would hear an appeal or review from a District Court. The U.S. Supreme Court is the third level and the highest court in the land. Federal judges are appointed by the president and approved by the Senate. Their job is to interpret and then apply the law. Federal judges can serve for life and are only removed by the impeachment process if they abuse their power. This makes sure that judges aren't ruling on cases to get votes to stay in office, but guarantees they make fair decisions based on U.S. law. **Why are federal judges appointed for life?**

6. Use the chart below to answer the questions: **What are the steps that a case may take through the federal judicial system? Why might a court of appeals send a case back to a district court for a new trial (opinion)?**

7. After a trial in a district court, the losing party may appeal to the next level of courts, which consists of courts of appeals with appellate jurisdiction, or the authority to hear the review. These courts are also called Circuit Courts. Courts of appeals do not hold trials. Instead, a panel of three judges makes a decision on the case. Appellate judges examine the records of the district court trial and hear arguments from the lawyers on both sides. The judges do not determine whether the accused person is guilty or innocent of the crime. their job is to determine only whether the original trial was fair and if the law was interpreted correctly. The judges reach their decision by majority vote. The court of appeals may send the case back to the district court for a new trial, or it may uphold the district court's decision. In most cases, the decision of the court of appeals is final. Sometimes, however, yet another appeal is made to the U.S. Supreme Court. **Why are cases sent to the court of appeals and what are the possible results?**

8. The highest court in the land is the U.S. Supreme Court, which meets in Washington D.C. The Supreme Court is mainly an appeals court. It reviews cases that have been tried in lower federal courts and in state courts. The decisions of the Supreme Court's nine justices, or judges, cannot be appealed. The Constitution does give the Supreme Court original jurisdiction in three types of cases. First, the Supreme Court can try cases involving diplomatic representatives of other countries. Second, the court has jurisdiction in cases between states. Third, the court can hear cases involving a dispute between the federal government and a state. **Why might the Supreme Court have been given original jurisdiction in the three areas mentioned (opinion)?**

9. Judicial review is the power of the Supreme Court to declare a law or any act of the government to be unconstitutional. This power isn't explicitly given in the Constitution, but the Constitution does give the Supreme Court the judicial powers and also the Constitution says that the Constitution is the supreme law of the land. The Supreme Court established the power of judicial review in the court case //Marbury v. Madison//, which was the first time that a Supreme Court declared a law unconstitutional. **How can the Supreme Court impact laws passed by Congress?**

10. How can the other branches have a check on the judiciary? The executive branch - the president - has the power to appoint federal judges, including Supreme Court justices. Of course, the Senate must approve, or confirm, of these appointments. If the Supreme Court rules that a law is unconstitutional, Congress can always try a similar law with some changes. Also, Congress can start the process to amend, or change, the U.,S. Constitution in order to make a law constitutional. If federal judges abuse their power, the Congress has the power to impeach. **What are ways the legislative branch has a check on the power of the Supreme Court?**

11. Supreme Court decisions have allowed the Constitution to meet the demands of changing times. For example, when the Civil Rights Movement was pushing to end discrimination and segregation against African-Americans, the Supreme Court ruled in //Brown v. Board of Education// that schools had to desegregate. This overruled past decisions that had allowed segregation. Over the years the Supreme Court has made many decisions protecting the rights of the people. For example, the court ruled on protecting voting rights. Overall, the Supreme Court ensures equal justice under the law. **How has the Supreme Court made sure the Constitution applies to all Americans?**

12. **In your opinion, how does the American justice system provide justice (fairness)?**

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