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Crim Law 1
Question | Answer |
---|---|
jurisprudence | Study of law and legal philosophy |
law | rules and regulations made and enforced by a government that regulates the conduct of people within a society |
How would not having laws to follow affect a society? | There would be confusion and disorder; people might take advantage of one another |
No one is above this. | The law |
What do laws of a society reflect and promote? | A society's values |
Universal Declaration of Human Rights | Statement of basic human rights and standards for governments of the world to follow. Proclaimed peoples right to liberty, education, political and religious freedom, economic well-being, bans torture |
Which organization/nation was first to adopt the Universal Declaration of Human Rights? | The United Nations in 1948 under the leadership of Eleanor Roosevelt |
Which two major groups do laws fall in? | Criminal and civil |
Criminal case | Legal action that can only be brought by the government against a person charged with committing a crime |
Civil action | Lawsuit that can be brought by a person who feels wronged or injured by another person |
Felonies | Criminal case where penalty is more that one year in prison |
Misdemeanors | Criminal case where penalty is a prison term fo one year or less |
Criminal Laws | Regulate public conduct and set out duties owed to society |
Civil Laws | Regulate relations between individuals or groups of individuals |
Civil case | Case where one person who thinks he is wronged sues the person who wronged him |
Defendant | Person accused of committing a crime |
Plaintiff | Person or company harmed who brings charges against a defendant in a civil case |
Prosecutor | State or federal government's attorney in a criminal case |
Beyond a reasonable doubt | Level of proof required to convict a person of a crime in a criminal case-if there is any doubt of the person guilt the jury or judge must not convict |
Preponderance of the evidence | Used in civil cases-jury need only decide if it is more likely than not that the plaintiff's complaint is true |
Limited government | Government has only the powers given to it by the people it governs |
Separation of powers | Division of lawmaking powers between the three branches of government set out in the Constitution |
Statutes | Law |
Checks and balances | Three branches of our government are independent, but each has the power to restrain the other branches-designed to keep each branch of government from becoming too powerful |
Judicial review | Power of Supreme Court to declare any law passed by the Congress unconstitutional |
When is a law considered unconstitutional? | When a government passes a law the Constitution does not give them power to pass, or when a law has been passed the violates somebody's rights |
Federalism | Division of power between the states and the federal government |
Bill of Rights | First ten amendments to the Constitution that guarantee fundamental rights and liberties to all Americans |
Referendum | When legislature asks for voters feelings on a particular issue=done through voting at polling places within a city |
Recall | Public officials can be removed with enough voters signatures and replaced with the individual that previously held the position |
Ex Post Facto |