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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 |