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IT Policy & Law
| Question | Answer |
|---|---|
| Define “Natural Law” and give an example. | “discoverable” by humans through the use of reason and choosing between that in which is good, and that in which is bad. For example, Rosa Park’s refusal to give up her seat for a white person, she believed that she was disobeying an unjust law. |
| An excerpt from Martin Luther King’s letter from Birmingham Jail... he claims that obeying an unjust law is not moral and that deliberately disobeying an unjust law is in fact a “moral act” that expresses “the highest respect for the law”. | |
| Define “Public Law”. | Implies to everyone; are laws created by some legitimate authority within their jurisdiction. |
| Define “Private Law”. | Implies to a particular party; for example, contract law. If either party violates the terms of a contract, then they could be held in breach of contract. |
| Define “Common Law”. | : property, contract, and tort laws. These are “judged-made” laws; for example, police power, property law, and domestic relations. The judges may look to other states who had similar cases, especially if that judge has never seen such a case. |
| Define “Stare decisis”. | A Latin word that means “let the decision stand”. This term makes the law stability and predictable. |
| What type of government system does the US have? | The US government system is “bicameral” which means (of a legislative body) having two branches or chambers, i.e. House of Representative and the US Senate. |
| What is federalism? | Federalism is how our government structures exist; where federal and state governments co-exists through a shared power. |
| Define rule of law. | Rule of Law is a system of laws under which the people and the government are bound, which allows predictability and restraints of government actions. |
| What parties are involved in a criminal trial? | Prosecutor brings the case, and defendants (who have the right to remain silent) |
| Define Legislative Power. | created by Article I of the US Constitution; statutory laws created thru this body; Power of Congress —> created the House and Senate. |
| What is Article I, Section 8 of the US Constitution? | Article I deals with the Legislative Branch of government; and section 8 refers to the powers of congress. |
| What is Article II of the US Constitution? | Article II deals with the Executive Branch; created the executive powers -Power of the President. |
| What is Article V of the US Constitution? | Article V deals with the amendment process, but 2/3rds of both the house and senate must agree that a change is necessary for amendments. |
| Define Judiciary Branch. | This branch is composed of federal and state judges who presides in these courts; their job is to interpret the law. |
| What does “exigent circumstances” mean? | This allows a reasonable person, i.e. law enforcement, to believe that entry (or other prompt action) was necessary; allows them to enter without a search warrant if certain conditions are met. |
| Explain the 1st Amendment. | Guarantees the rights for freedom of speech, religion, assembly, petition, and the press. |
| Explain the 6th Amendment. | Guarantees the rights of criminal defendants, including the rights to a public trial without unnecessary delays; rights to a lawyer; right to have an impartial jury; right to know their accusers and the nature of the charge. |
| Explain 5th Amendment. | Guarantees the rights relevant to both criminal and civil legal proceedings; in criminal cases, guarantees the rights to a grand jury, forbids “double jeopardy”, and protects from self-incrimination. |
| Explain the 8th Amendment. | Excessive bail shall not be required; nor excessive fines imposed; or cruel and unusual punishment. |
| House of Representatives | 435 members; serves a 2-year term; directly proportionally by population, each state has at least one representative. |
| Senate | 100 members; serves 6-year term; two-representatives from each state |