Equal Justice under the Law Why It Matters Read with students John Rawls’s A BEFORE YOU READ TAKING As you read, take Theory of Justice in From the Source: NOTES notes on equal Readings in Economics and Govern- The Main Idea Reading Focus Key Terms justice under the law. Use a chart like this one to record ment. Have students identify Rawls’s The rights of all U.S. citizens 1. In what ways is the United crime, p. 181 your notes. ideas of justice, why justice is impor- are protected by laws and States a nation of laws? criminal law, p. 181 2. tant, and the government’s role in estab- the courts. What are the four sources civil law, p. 181 Type of Law Sources Courts of law in the United States? common law, p. 182 lishing justice. (Possible answer: Rawl 3. What roles do the courts precedent, p. 183 play in the United States? believes that justice establishes individ- constitutional law, p. 183 uals’ equal rights and duties and is an appeal, p. 183 essential idea behind today’s societies and governments.) Then ask students to describe their own ideas about justice, its importance, and the government’s Carved in marble over the entrance A Nation of Laws of the Supreme Court building in role in establishing it. Washington, D.C., is the motto Every society needs rules. Without rules, From the Source: Readings in “Equal Justice under Law.” What people might feel like they could do any- Economics and Government: Reading does this motto mean to you? It means that you thing to anybody anytime they wanted. 70: A Theory of Justice and all other citizens are considered equal and are That is one reason why societies have laws. Laws are society’s rules. Laws promote the Academic Vocabulary protected by the rule of law. Laws defi ne individual rights and freedoms. But where does your freedom common good. Laws protect you. Laws, Review with students the high-use academic end and another person’s freedom begin? The judicial such as traffi c laws and laws against rape term in this section. branch of the government—the court system—helps and murder, are aimed at protecting your affect to change or infl uence (p. 183) fi nd the answer. personal and physical safety. Key Terms A criminal trial. The judge ensures Preteach the following terms: that the law and proper court proce- crime any behavior that is illegal because dures are followed society, through its government, considers during the trial. the behavior harmful to society (p. 181) criminal law group of laws that defi ne what acts are crimes (p. 181) The car is being civil law group of laws that refer to dis- used as evidence in the trial. putes between people (p. 181) common law type of law that comes from judges’ decisions (p. 182) The jury hears the precedent earlier decision (p. 183) case and decides the guilt or innocence of constitutional law type of law based on the defendant. the U.S. Constitution and on Supreme Court decisions interpreting the Constitution (p. 183) 180 appeal process of asking for a review of CHAPTER 7 the court’s decision (p. 183) Teach the Main Idea At Level Taking Notes Type of Law Sources Courts Equal Justice under the Law Criminal law Statutory law Use laws to 1. Teach Ask students the Reading Focus Explain to the class that the word liberty settle disputes questions to teach this section. comes from the Latin word for “free.” Then Civil law Common law Decisions lead a class discussion on how the ways the in lower 2. Apply As students read the section, have courts can be them take notes on how the U.S. government U.S. government ensures justice is related to appealed in helps guarantee justice. Americans’ freedom. higher courts 4. Practice/Homework Have students write Administrative 3. Review To review the section’s main law ideas, have students recite together the a brief essay on the relationship between Constitutional last six words of the Pledge of Allegiance: justice and freedom in the United States. law “with liberty and justice for all.”

180 CHAPTER 7 196. HISTORIC DOCUMENT If a man put out the eye of another man, his eye shall be put out. Hammurabi’s Code 197. If he break another man’s bone, his bone shall be broken. Reading Focus The Babylonian ruler Hammurabi is 198. If he put out the eye of a freed man, or break the bone of credited with putting together the ear- a freed man, he shall pay one gold mina. liest know written collection of laws. 199. If a man put out the eye of a man’s slave, or break the bone of In what ways is the United States a Written around 1780 BC, Hammurabi’s a man’s slave, he shall pay one-half of its value. nation of laws? Code was a collection of 282 laws that 221. If a physician heal the broken bone or diseased soft part of a set down rules for both criminal and man, the patient shall pay the physician five shekels in money. A Nation of Laws civil law, and informed citizens what 222. If he were a freed man he shall pay three shekels. was expected of them. There were Identify What are the two basic 223. laws on everything from trade, loans, If he were a slave his owner shall pay the physician two shekels. categories of laws? criminal law and and theft to marriage, injury, and – Hammurabi, from the Code of Hammurabi , translated by L. W. King murder. It contained some ideas that civil law are still found in laws today. Specific ANALYSIS SKILL ANALYZING PRIMARY SOURCES Explain How do laws both guarantee crimes brought specific penalties. Why was it important that Hammurabi’s code and limit freedom? They do not give was written down? people the freedom to act in ways that would hurt other people’s freedom. Elaborate How does the American Other laws protect your property, your and other people’s property as well. You political system help citizens infl u- freedom to speak and practice your religion, might think that a crime against another per- ence what will become a law? Possible and your health. Laws set boundaries or lim- son does not affect you, but that is not true. its on behavior. So while you may have the If someone who breaks into your neighbor’s answer: Americans elect lawmakers right to practice playing your electric gui- house and steals something is not caught and whom they believe will pass laws they tar, that right is limited somewhat by your punished, the criminal may steal again. The support. Citizens can choose different neighbor’s right to the peaceful enjoyment criminal might even break into your house lawmakers if they do not like the laws of his or her property. next. And if criminals are not caught and passed by their representatives. punished, people may begin to think that it Criminal Law is okay to steal. There are two basic categories of laws, crimi- nal law and civil law. When people talk Civil Law Info to Know about “breaking the law,” they are usually The other basic category of laws is civil law. Jury Selection The Jury Selection referring to a crime. A crime is any behav- Civil law is the group of laws that refer to dis- and Service Act of 1968 recommends ior that is illegal because society, through its putes between people. If you have a dispute that juries be chosen from the list government, considers the behavior harmful with someone and you cannot solve it private- of registered voters. Most states use to society. Criminal law refers to the group of ly, you may go to court to settle the matter. In their voter lists as a source for jurors. laws that defi ne what acts are crimes. Crimi- court, the judge and maybe a jury will listen Because of varying voter registration nal law also describes how a person accused to the facts of the case. The judge will then of a crime should be tried in court and how apply the civil law and make a decision. Civil rates, however, this list may not meet crimes should be punished. laws are used to settle a wide range of personal the requirement that forbids discrimina- Criminal laws are intended to protect issues, such as contract disputes, divorce pro- tion in jury selection based on race, society as a whole. For example, laws against ceedings, and property boundaries. color, religion, sex, national origin, or assault, murder, and rape help protect you economic status. Other lists that states and other people from being harmed. Laws READING CHECK Finding the Main Idea How use to select jurors include drivers’ against stealing help protect your property do laws protect freedom? license records, tax rolls, welfare rolls, telephone books, and records of utility THE JUDICIAL BRANCH 181 company subscribers.

Differentiating Instruction Below Level Learners Having Diffi culty Describe Different Kinds of Law 3. Remind students that they can refer back to 1. Create a chart on the board with the following their charts to recall the different kinds of four columns: Statutory Law, Common Law, U.S. law. Visual/Spatial, Verbal/Linguistic Administrative Law, and Constitutional Law. Alternative Assessment Handbook: Rubric 13: Answers Have students copy the chart onto a sheet of Graphic Organizers Analyzing Primary Sources Possible paper. answer: so everyone would know the laws and would not be able to dispute 2. As a group, complete the chart by describing them. each type of U.S. law and adding at least one Reading Check Possible answer: example of each. They protect people’s ability to express themselves safely through property, speech, and religion. 181 Sources of Law Common Law No matter how hard the legislature tries, stat- There are several sources of criminal and civil utes cannot cover every type of wrongdoing. law in the United States. The four principal Judges and courts must often make decisions sources include statutory law, common law, based on customs, traditions, and cases that administrative law, and constitutional law. Reading Focus have been decided before. This type of law is All these laws must follow the principles called common law. Common law is a type set forth in the Constitution, which is the What are the four sources of law in of law that comes from judges’ decisions that supreme law of the land. the United States? rely on common sense and previous cases. Statutory Law For example, before automobiles became Sources of Law Laws that are passed by lawmaking bodies are a major form of transportation, there were no known as statutes, or statutory laws. Congress laws about driving them. So if an automobile Compare How are common law ran into a horse and wagon, the driver of the and constitutional law similar? Both and state and local governments pass these laws. Most criminal laws are statutory laws. automobile might argue that the case should depend on the courts and judges’ Many civil laws are also statutes. For example, be dismissed. No laws existed that regulated decisions. a state law that requires all public buildings to the speed of automobiles so, the driver might argue, he should not have to pay. Would the Contrast How are statutory law and contain fi re exits is a statutory law. case be dismissed? Probably not. The judge administrative law different? Statutory Statutory laws usually represent majority rule, or what the majority of citizens believe might reply that there is an established prin- law is passed by lawmaking bodies, ciple that people cannot use their property to while administrative law is created by to be right or wrong. If citizens later change their position on the issue, the law can adapt injure others. The judge would apply tradition government agencies. to the country’s needs. Every American cit- and common sense in such a case. izen has the duty to know and obey these In the previous example, the judge’s deci- laws. One way to practice good citizenship is sion might be remembered by another judge by obeying laws. hearing a similar case. Eventually, most judges

Using Examples To help stu- American dents grasp vague concepts such Civil Liberties as different types of law and the roles of the courts, give concrete Serving on a Jury examples. Then ask students to Someday after you turn 18, you will jury selected from a fair cross-section categorize each one. For example, probably receive a letter calling you of the community. Lawyers cannot tell students that the Supreme to jury service. Performing this civic exclude potential jurors on the basis Court has ruled that segregation, duty might be your only involvement of their gender or identifiable racial or separating people by race, is with the judicial system—but it is a or ethnic group. There have been illegal. Then ask them to identify duty that carries great responsibility. many cases that were appealed In a criminal case, the jury decides if because of alleged discrimination which kind of law this represents. the defendant is guilty of the crime during jury selection. constitutional charged by the government. In a civil 1. How could discrimination in jury case, the jury decides if the defen- selection affect a defendant in a dant is liable, or responsible, for the criminal case? damages named in the case, and if 2. Why would it matter to citizens if so, how much money to award. they were not called for jury duty As stated by the Sixth Amendment, because of their gender, race, the parties in a case are entitled to a or ethnicity?

182 CHAPTER 7

Differentiating Instruction At Level Standard English Mastery English-Language Learners Report on the Court 3. Ask each group to prepare a 1 to 2 minute 1. Organize students into small groups. broadcasting segment that objectively defi nes Tell students to imagine that they are for the viewer the roles played by courts in Answers correspondents for a court television network. the United States. American Civil Liberties 1. Possible 2. Review with students the idea that reporters 4. Have groups present their segments to the answer: It could result in a jury that is should try to be objective. Have students work class. Make sure each group member plays a unfairly biased against the defendant. together to list opinion words that should be role in the broadcast. Verbal/Linguistic 2. Possible answer: Being left out of avoided in an objective report. Alternative Assessment Handbook: Rubric 33: jury duty could mean they are not being Skits and Reader’s Theater treated as full citizens. It might also prevent their point of view from being considered in trials. 182 might follow the same precedent , or earlier right to an attorney, the right to confront decision, when considering such cases. Over the accuser, and the right to a jury trial. time, this rule would become a part of the The accused is also always presumed to be country’s customary, or common, law. innocent. It is up to the person bringing the charges to prove “beyond a reasonable Administrative Law doubt” that the accused is guilty of a crime. ACADEMIC Reading Focus Many of the laws that affect our daily lives Finally, if a person is convicted of a crime, he VOCABULARY are created by government agencies instead or she has the right to appeal the decision. affect: to change or influence What roles do the courts play in of legislatures. These laws, which are similar An appeal is the process by which the per- the United States? to statutory laws, are known as administra- son asks a higher court to review the result tive laws. Administrative laws cover many of the trial. A higher court may fi nd that the The Roles of the Courts areas of daily life, such as health, safety, edu- lower court has applied the law unfairly or cation, and banking. For example, the Con- inaccurately. A review of a decision helps to Identify What rights do people sumer Product Safety Commission (CPSC) ensure that cases are decided fairly. accused of crimes usually have? the uses administrative law when it rules that a rights to have an attorney, confront the READING CHECK Evaluating Why do you particular toy is unsafe and must be taken off accuser, have a jury trial, and appeal the market immediately. think the accused is considered innocent until proven guilty? a decision go.hrw.com Constitutional Law Online Quiz Analyze What is the purpose of the The Constitution is the supreme law of the KEYWORD: SZ7 HP7 right of appeal? to make sure that United States. Constitutional law is based SECTION 1 ASSESSMENT cases are tried fairly and to correct on the Constitution and on Supreme Court any mistakes that may arise decisions interpreting the Constitution. For Reviewing Ideas and Terms Community Service and Participation example, the Sixth Amendment guarantees 1. a. Defi ne Write a brief defi nition for each of the Handbook: Chapter 7 that a defendant in a criminal case has the following terms: crime , criminal law , and civil law . right to the “assistance of counsel” for his or b. Elaborate How does being a nation of laws both her defense. Because of the Supreme Court protect and limit freedom? ruling in 1963 in the case of Gideon v. Wain- 2. a. Defi ne Write a brief defi nition for each of the wright , states are required to provide free legal following terms: common law , precedent , and aid to those defendants who cannot afford to constitutional law . b. Support a Point of View pay for legal representation. Do you think common law is more just or less just than administrative READING CHECK Summarizing List and describe law? Explain your answer. Close 3. a. Defi ne the sources of law that exist in the United States. Write a brief defi nition for the term appeal . Have students explain how laws and the b. Explain What roles do courts play in society? courts protect U.S. citizens’ rights. The Roles of the Courts Critical Thinking Courts use the four sources of law to settle dis- 4. Categorizing Copy the graphic organizer. Use it and Review putes. Disputes may take different forms. Some your notes to explain the four sources of law that govern Americans. Describe each type. Online Quiz: Section 1 disputes are between people; others are between Quiz Game people and the government; and still others are between governments. In a criminal case, the Assess dispute is between society and an individual. Four Sources of Law Society is represented by an attorney for the SE Section 1 Assessment government. In a civil dispute, both sides have Focus on Writing Daily Quizzes: Section 1 attorneys or may represent themselves. 5. Problem Solving Write a descriptive paragraph about In criminal cases, the person accused of life in a country in which there is no rule of law. How might Reteach the crime has certain rights, including the life be improved by establishing a permanent legal system? Main Idea Activities for Differentiated Instruction: Section 1 THE JUDICIAL BRANCH 183

Section 1 Assessment Answers

1. a. crime, p. 181; criminal law, p. 181; civil law, 3. a. appeal, p. 183 b. They settle disputes p. 181 b. It protects basic rights but limits between individuals, society, and some actions for the benefit of society. governments. 2. a. common law, p. 182; precedent, p. 183; 4. Students should use the graphic organizer to Answers constitutional law, p. 183 b. Possible answers: describe the four sources of law. Reading Check (left) statutory— more just, because it follows common sense; 5. Paragraphs will vary but should consider the passed by lawmaking bodies, less just, because it might follow an unfair benefits laws bring and how U.S. laws are common—based on precedent, administrative—created by government precedent created. agencies, constitutional—based on the U.S. Constitution and Supreme Court decisions (right) Possible answer: to make sure no one is convicted of a crime without proof 183