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Our Legal Heritage: a Case Approach. Bulletin No. 14

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Our Legal Heritage: a Case Approach. Bulletin No. 14 DOCUIFENT RESUME 4 ED 191 769 SO 012 801 TITLE Our Legal Heritage: A Case Approach. Bulletin No. 14. INSTITUTION Alabama State Dept- of Education, 7tgomery. Div.' of Instructional Services. PUB DATE NOTE 250p.: Addendum will rot reproduce from EDRS in paper copy due to small print type of original document. MS PRICE MF01/PC10 Plus Postage. Di-CRIPTCHS Case Studies: Civil Rights: Constitutional Law: Contracts: Correctional Rehabilitation: *Court Litigation: Criminal Law: History: Instructional Materials; Junior High SchOols1 Laws: *Legal , EduOation: Torts IDENTIFIERS United States ABSTRACT -This booklet, intended for use with junior high ,school students., contains background readings on specific areas of the legal system and case studies of authentic court decisions . releyant to each area. The purpose of the booklet is to introduce students to the influence.of law on everyday life and to make them aware- of the legal heritage and legal system of the. United States. The booklet begins with a historf of U.S. law. This histoty includes a discussion of how customs became law, the laws and customs of Ergland, how English law was carried tc Virginia, the first legal code, first representative government, how the court system was created, the Pilgrims law, how England violated the legal .rights of the colonies, the establishment of the Corrfederate government,- and the Constitutional Convention. Following the history, eight specific areas of the legal system are defined, explained and illustrated: constitutional law, torts, property, contracts, family and juvenile law, civil procedure, criminal procedure, and corrections.. Following the discussion of each area authentic court decisions are described. The facts- of the case and:the decision .of the. court are provided for each. The guide concludes )1th a glossary of legal terms, a bibliography_ and addendum containing charts, and faCsimilies of legal documents. (Author/RM) *********************************************************************** * Reproductions supplied by EDRS are the best that can be made * from the original document- *********************************************************************** .7s Sp* P11.11 MEAT OF HEALTH. VOUCATNOELFAREW iNgtITUTE OF . C.141014 TNIS .410E:4CE1vEO BEEN REPRO- DUCED' XA..ff0.CAtilldTION AS;- FROM . THE lEaSQN OR IGIN- AT inOi ..0 OR OPINIONS STAT NOT ES:ph.RILY REPRE- SENT' CAL ei1/416N;ti,ANSTJTu TE CS EDCA72 F'0:.4) RV:OL IC; is WY "PERM! OCE THIS MATERIAL RANTED BY TOItEEDUC INFORMATION Ctyiligiti )-" Aft OUR LEGAL HERITAGE A Case ApprOach a0 .r 0 A. ..- l''76-1916 S Developed by ....%Qi's-- (f) the Alabama State Department of Education Wayne Teague Superintendent of Education Alabama State Department of Education State Office Building Montgomery, Alabama 36130 AUG 7 1980. vuU DIVISION OF INSTRUCTION ,1 BASIC SCIENCES SECTION Bulletin No. 14. Revised Copyright © 1975 Alabama State Department of Education Montgomery, Alabama 3 ACKNOWLEDGMENTS ; s This curriculum. guidewas developed in cooperation with the Univers-ity/ of Alabama School of Law. Grateful acknowledgment is made to. Thomas W. Christopher, Dean, withoutwhose encouragement and professional assistance, this project would not have been possible. Special appreciation is expressed to the following who made valuable 4 legal contributions: Howell T. Heflin, Chief Justice ofthe Alabama Supreme Court; Eerman H. Hamilton, Junior, Attorney-at-Law;J. Jerry Wood, Assistant United States Attorney; Charles Bartlett and Ms.Cathy Wright, law interns, University of Alabama School of Law;. Ms. Pat Boyd, law clerk in the office of Chief Justice Howell T. Heflin; and Robert R. Smith, Board of Corrections. Special appreciation is expressed to the following schoolsystems that piloted materials relative to this project: Anniston City, Autauga County, Enterprise City, Huntsville City Phenix City, Roanoke City, Tuscaloosa City, and Tuscaloosa County. FOREWORD The purpose of' thi. s curriculum isto provide the student with a hetter understanding of that part of everyday life which isinfluenced by law. -.The Main objective is tb'create for the.student an awareness of our legal heritage - and the legal systeM. This can best be learned and appreciated in theatmo- sphere of its or.",.history. Much emphasis, therefore,is placed on the histori- P cal background. , There is_Oliviously no attempt to develop-acourse of studythat would permit'ehe sttdett to believe that after he hasmastered the content'he could t become-a practicing Atorney.- This isnot designed to be a do-it-yourself laisTcourse.i; This is simplya brief touch upon.certain esseral concepts and -udderstandiugs which would.enablethe studentto become a more knowledgeable and functional citizen. 'Law in its full scope is a very complex and difficult. Profession which requires.yearsof sttidy and practice in order to master cer-- tain specialized fields.. , .7/ The material'S contained-in'thii courseemphasize'a case study approach. ,The'student is cautioned to understand that thesecases merely reflect trends and 'impressions. 'Law in our society-1.ssubject to constant change by inter- pretation'and.jegislation.This material is not intended to bethe answer to -all legal questions. Our society is becoming more complex day by day. A technically oriented. nation with a rapidly increasing pbpulation problemcauses some authorities to state that the day will soon come whena family lawyer may become as neces- sary as a family,doctor:The lawyer-is a -vital part of our system-of-justice. ThiS profeSsionak, with- hisyears of training, is an essential element in a , democratic_ ystem such as ours. 'Without his assistance the preservation of individual freedOmand justicevould-be:placed ingreat jeopardy: , 5 iv TABLE OF-CONTENTS Acknowledgments , iii 'Foreword iv Table. f Coritents v INTRODUCTION .SOURCES O'F. LAW. 6 HISTORY OF UNITED STALES LAW Q 10 Laws and Customs of England '12 Establishing Lai in the Un{ted State's 23 , CONSTITUTIONAL LAW 51 The Role of the Constitution in American Society 51 The Bill of Rights , 65' TORTS 110; -Intentional Torts 111 Negligence. 131. -Strict Liability '149 Other_ Torts 155 PROPERTY 161 Classes of Prope'rty '163 Personal. Property 164 Re -al Property 167 Gifts 174 CONTRACTS ). 1 176'' Types of 'Contract's - 177 - . -.. / LaCk of Contractual Capacity. 184, ,,.. .. -. FAMILY AND JUVENILE LAW 186 Marriage , '186 / -3 Wills 189 Juvenile Protection .19f f. CIVIL PROCEDURE. 197 Legal Process 197 Civil Case 197 Legal Aid 205° CRIMINAL 'PROCEDURE 206 Felonies and Misdemeanors 206. Constitutional Safeguards 209 CORRECTIONS 212 Probation 213 Parole 2T4 Pardon 214 . P Community Programs 214 GLOSSARY 216. BIBLIOGRAPHY 223 ADDENDUM 226 r INTRODUCTION Suppose that you and I become'inyO.ved in a dispute... The dispute _ may be caused by a businesvanisunderstanding, a'disagreement overproperty.. rights, or perhaps we are involved inan automobile collision.At any rate, you and I diScuss our dispute at'length but are unable to.reach an,agree- ment. You are of the opinion that I owe you damages in the'form of money Tor you feel thatI am at fallit. Of course, I feel that I am not at fault. 14. Because of your determination to see that I pay damages you seek the advice ,- and coun6a Of ajawyer. Your attorney obtains4from you all the information that relates to our dispute. Orily.when he has the best information available can he make a termination as to whether I may or may not be at fault. He listens atten- .-. tivelY to-your side of the story. to obtain all the facts. He may choose to discuss some of the facts with'other people that you indicate know something about or were involved in our dispute.. Finally the attorney advises you that state law would seem to be on your side. He checks case reports seeking to find previous cases that have been determined in similar disputes. If he finds no such case, in Alabama law,he would thenloOk at volumes of court cases from other courts in an effort to determine how courts would rule on our dispute. Taking all of this into consideration, you and your lawyer decide to sue me for damages. and I am so notified.'}the notifica-' tion letter states that you seek damages in the amouht of $7,131.31, plus % . ..' f, . interest on this amount at the rate of six . , percent, plus court costs and ' . attOrney:fees. _Becauseyou are bringing me into court seeking damagesyou arecalled-the-ptainti in the case. As the plaintiff you are' of the opinion. that you. have been.wronged.-I become the -deiendantor the accused wrongdoer. Realizing that you intend to sue Me Acourt; and that, if sued and ad- 'judged to'be at fault, I wouldhave to payou up to $7,131.31 and perhaps interest, court costs, and attorney fee& I decidethat I had better get an attorney to- represent me. I approach my attorney in much the &ameway that you do, presenting the facts as I deem them to be and directing theattorney to others who may know about our dispute. My attorney researches the law of the state, prior court dedisions, and decisions thathad been made in . - other courts that relate to the point of law in dispute. In thelopinion of my attorney he feels that 4e can successfully defend ourselves incourt. a Our case is scheduled on the docket of the county circuitcourt. If-our dispute }evolved a question relating to 4gderal lawor citizens of different states, we could go to a federal court rather thana state court: If I had. committed a crime against-thestate or federal government, governmental representatives rather than another individual, would bring-legal action against me. It will probably' be 'at least six months beforewe actually appear In court to settle our dispute. During this period of time our. attorneys follow the court rules by exchanging information concerningyour posilion - I N and mine. Our attorneys are also engaged in attempts,to discOver additional infOrmationthat might assist them in representingUsincourt. On at least* one occasion before we have our day, in court our attorneys meet with the.
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