Chapt 4 The Rule of Law
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| Name the two types of Law (overall) | Criminal and Civil Law
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| Define Criminal Law | A formal means of social control that uses rules interpreted by and enforced by the courts
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| Penal Code | The criminal law of a political jurisdiction
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| Tort | A violation of civil law
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| Define Civil Law | A private matter between individuals involving personal injury claims, contract and property disputes.
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| Name the two types of Criminal Law | Substantive law and Procedural Law.
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| Substantive Law | The body of law that defines criminal offenses and penalties
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| Procedural Law | The body of law that governs the way substantive laws are administered
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| *Name the 5 ideal features of good criminal law | 1. Politicality, 2. Uniformity, 3. Specificity, 4. Regularity, 5. Penal Sanction
(PUSRPEN)
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| What is meant by Politicality in regards to criminal law | Only laws made by the state aka political jurisdiction, are crimes
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| What is meant by Regularity | Anyone who commits a violation of the law is answerable to that violation regardless of social status
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| What is meant by Uniformity | Uniformity deals with the enforcement of the law. Like Regularity, enforcement should take place regardless of social status
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| What is meant by Penal Sanctions | Violations of criminal law must come with a punishment (or threat of punishment)
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| Ordinances | Laws created by municipalities such as city councils
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| Common Law | By product of decisions made via cases at trial and on appeals
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| Precedent | Decision that forms potential basis for future decisions in trials
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| Stare Decisis | The principal of using precedents to guide future decisions
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| Name three regulatory agencies | DEA, FCC, FTC, OSHA
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| The Bill Of Rights | The first ten amendments to the constitution
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| *The 14th Amendment is important for containing which protection? | The due process clause
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| *Which protection is given in the 4th Amendment | The protection from illegal Search and Seizure
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| There are two types of search and seizure | Those with a warrant and those without
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| Warrant | Written order from the court directing law enforcement to conduct a search or to arrest a person
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| The 4th Amendment requires only that search and seizures not be ..... | Unreasonable
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| Name the two requirements for a search warrant to meet the standard of containing Probable Cause | 1. The specific objects to be searched for are connected with criminal activity, 2. That the objects will be found in the place to be searched
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| Prior to receiving a search warrant, law enforcement officers must complete an ---- detailing the facts that establish probable cause. | Affidavit
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| Within how many days after the federal search warrant was issued must the search be conducted | 10 days
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| What must Law Enforcement do immediately prior to entering the premises to conduct a search | Must announce they are law enforcement, must have the warrant in their possession, and must indicate they are there to execute said warrant
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| True or false, police must always announce their presence before entering the premises to conduct searches with warrants | False. Courts can issue No Knock warrants in cases where evidence may be destroyed
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| Name the two requirements in order for an arrest warrant to be issued | 1. A violation of the law has been committed, 2. The person to be arrested committed the violation
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| Where is a person generally considered to be protected from warrantless search and seizure | In their home, or office, or anywhere they have a legitimate right to privacy
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| Exclusionary Rule | Rule that illegally seized evidence must be excluded from trials in federal courts
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| *What three protections are contained in the 5th Amendment | The protection against self incrimination and the protection against Double Jeopardyand the protection to be indicted by a Grand Jury for capital or otherwise infamous offenses.
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| When does Double Jeopardy attach? | Jury Trials (when the jury has been seated), Bench Trials (when the first witness has been sworn), Guilty Pleas (when the court accepts the plea)
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| Doctrine of Fundamental Fairness | Makes confessions inadmissible if obtained by means of psychological manipulation or third degree ( beatings, long interrogation, physical manipulation) methods
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| According to the Speedy Trial Act 1974, how much time is allotted between the arrest and charging | 30 Days
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| *What 5 protections are contained within The 6th Amendment? | Speedy trial, confront witnesses, accusation, subpoenas, to counsel.
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| Subpoena | A written order from the court requiring a person to appear as ordered to testify
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| Under the 6th amendment right to counsel, what two facts must be proved in order to argue ineffective counsel ? | 1. That counsels performance was deficient, and 2. That there is a reasonable probability that the deficiencies led to the unfavorable result.
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| What two Bill of Rights guarantees dealing with criminal justice have not been extended to the states? | The right to Grand Jury indictment in felony cases, and the protection against excessive bails and fines.
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| *What two protection are in the 8th Amendment | Protection against excessive bails and fines, and protection from cruel and unusual punishment
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| *Match the protection with the amendment. This amendment protects against illegal search and seizure | Amendment 4
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| *This amendment states you cannot be deprived of life liberty or property without due process | Amendment 14
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| *Which amendment guarantees speedy trial | Amendment 6
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