Chapter 1 Flashcards
(19 cards)
What are the three individual rights in the constitution proper?
Habeas corpus: that requires a person under arrest to be brought before a judge or into court.
Bills of attainder: no one can be punished with out a trial
Ex post facto laws: you can’t be punished for something that wasn’t a crime at the time
What are the two requirements needed before a jury can see evidence ?
It must be relevant & component
Relevant meaning that it relates or pertains to the case and component meaning that the the evidence is in a form that the jury is permitted to hear or see it.
What are the three forms of incorporation?
Total, total plus, & selective
What is stare decisis?
It means let the decision stand, it creates precedent.
Who decides the legality of a statutet?
The Supreme Court
What is the power of deciding the legality of a statutes called?
Judicial review
The name of the case that decided judicial review?
Marbury v. Madison
What is evidence law?
It is the law that determines what forms of proof may be admitted into trials.
What is the first known written legal code, and it expressed a retributivist philosophy?
The code of Hammurabi
Two types of sources of law?
Judge made laws (the common law) Legislative laws (the constitution, statutes, ordinances, and administrative regulations)
What does a constitution do?
It creates a government
What is a statute?
Legislative enactments, or bills
What are statutory laws?
Civil and criminal laws
The penal code?
Criminal law
Who is referred to as a lawmaker?
Legislators
When is it that under certain circumstances the legislation may have the force of law?
Administrative regulation
The federal and state constitutions, case law, court rules, and legislation are all examples of?
Individual rights
What is the 4th amendment?
It prohibits unreasonable search and seizures, and requires the existence of probable cause before warrants maybe issued or a search or seizure may take place.
What is the 14th amendment?
Forbids states from denying citizens due process of law or equal protection under the law.
