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Crim Law 1

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
Created by: sudokken