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The Rule of Law

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Term
Definition
Criminal Law   One of two general types of law practiced in the united states (the other is civil law);" a formal means of social control [that uses] rules...interpreted [and enforced] by the courts ...to sets limits to the conduct of the citizens,to guide the officials  
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Penal Code   The criminal law of a political jurisdiction  
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Tort   A violation of the civil law  
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Civil Law   One of two general types of law practiced in the united states (the other is criminal law); a means of resolving conflicts between individuals.It includes personal injury claims (torts),the law of the contracts and property,and subjects such as administra  
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Substantive Law   The body of law that defines criminal offenses and their penalties  
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Procedural Law   The body of law that governs the way substantive laws are administered; sometimes called adjective or remedial law.  
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Due Process of Law   The rights of people suspected of or charged with crimes  
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Politicality   An ideal characteristic of criminal law, referring to its legitimate source. Only violations of rules made by the state, the political jurisdiction that enacted the laws, are crimes  
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Specificity   An ideal characteristic of criminal law, referring to its scope. Although civil law may be general in scope, criminal law should provide strict definitions of specific acts.  
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Regularity   A ideal characteristic of criminal law: the applicability of the law to all persons,regardless of social status  
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Uniformity   An ideal characteristic of criminal law: the enforcement of the laws against anyone who violates them,regardless of social status  
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Penal Sanction   An ideal characteristic of criminal law: the principle that violators will be punished or at least threatened with punishment by the state  
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Precedent   A decision that forms a potential basis for deciding the outcomes of similar cases in the future; a by-product of decisions made by trial and appellate court judges,who produce case law whenever they render a decision in a particular case  
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Stare Decisis   The principle of using precedents to guide future decisions in court cases; Latin for "to stand by decided cases"  
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Searches   Explorations or inspections,by law enforcement officers, of homes, premises, vehicles, or persons, for the purpose of discovering evidence of crimes or persons who are accused of crimes.  
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Seizures   The taking of persons or property into custody in response to violations of the criminal law  
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Warrant   A written order from a court directing law enforcement officers to conduct a search or to arrest a person  
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Arrest   The seizure of a person or the taking of a person into custody, either actual physical custody, as when a suspect is handcuffed by a police officer, or constructive custody, as when a person peacefully submits to a police officer's control  
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Mere Suspicion   The standard of proof with the least certainly; a" gut feeling." With mere suspicion, a law enforcement officer cannot legally even stop a suspect  
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Reasonable Suspicion   A standard of proof that is more than a gut feeling. It includes the ability to articulate reasons for the suspicion. With reasonable suspicion, a law enforcement officer is legally permitted to stop and frisk a suspect  
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Frisking   Conducting a search for weapons by patting the outside of a suspect's clothing feeling for hard objects that might be weapons  
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Probable Cause   The amounts of proof necessary for a reasonably intelligent person to believe that a crime has been committed or that items connected with criminal activity can be found in a particular place. It is the standard of proof needed to conduct a search or to  
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Preponderance of Evidence   Evidence that more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation  
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Clear and Convincing Evidence   The standard of proof required in some civil cases and, in federal courts, the standard of proof necessary for defendant to make a successful claim of insanity  
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Beyond a Reasonable Doubt   The standard of proof necessary to find a defendant guilty in criminal trial  
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Exclusionary Rule   The rule that illegally seized evidence must be excluded from trials in federal courts  
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Double Jeopardy   The trying of defendant a second time for the same offense when jeopardy attached in the first trial and a mistrial was declared  
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Self-Incrimination   Being a witness against oneself. If forced, it is a violation of the fifth amendment  
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Confession   An admission by a person accused of a crime that he or she committed the offense charged  
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Doctrine of Fundamental Fairness   The rule that makes confession inadmissible in criminal trials if they were obtained by means of either psychological manipulation or ''third-degree'' methods  
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Subpoena   A written order issued by a court that required a person to appear at a certain time and place to give testimony. It can also require that documents and objects be made available for examination by the court  
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Venue   The place of the trial. It must be geographically appropriate.  
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Created by: lawyer_galloway
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