Chapter 1 (notes Flashcards
(76 cards)
What is the purpose of law?
To establish limits on certain human behavior considered harmful to society.
This purpose ensures social order and protects individuals and institutions.
Define crime.
A social conduct considered harmful to individuals and institutions, and made punishable by law.
Crime encompasses various acts that violate legal statutes.
What is the origin of criminal law?
Based on customs beneficial to the group; early humans developed basic rules to limit behavior.
These early rules were essential for social cooperation and survival.
What was the Code of Hammurabi?
The first major code of law, developed around 3,800 years ago (1792 B.C - 1750 B.C).
It laid down laws and punishments for various offenses, influencing future legal systems.
What is the significance of perjury in law?
It remains relevant in the legal system, as seen in practices like swearing in witnesses and judges.
Perjury is the act of lying under oath, which undermines the judicial process.
What was the impact of the Norman French Period on English law?
English courts became more centralized, leading to a more structured legal system.
This period marked significant changes in the governance of law in England.
What is ‘stare decisis’?
A legal principle that means to stand by things decided; it refers to precedent in court decisions.
This principle ensures consistency and predictability in the law.
What characterizes common law?
Law developed by judges through court decisions rather than through legislative statutes.
Common law evolves over time based on judicial rulings and societal changes.
How was common law adopted in America?
First English settlers formed agreements called compacts, incorporating the common law of England.
These compacts served as foundational governance documents for early American settlements.
Fill in the blank: The Common Law is based on _______.
custom.
Customary practices gain strength over time and form the basis of common law.
What was the Westministor Period?
A time from 1285 to 1500 when English law became more uniform and accessible by the public.
This period contributed to the development of a more equitable legal system.
What must an act be in violation of to be declared a crime?
A written statute
The statute must provide a penalty for violation.
What are the three levels of law?
- Federal
- State
- Local
This includes laws passed by Congress, state legislatures, and local governments.
What is the supreme law of the land according to the U.S. Constitution?
U.S. Constitution (Article VI)
The Supremacy Clause establishes the Constitution as the highest form of law.
What does federalism divide?
Power between state and federal governments
It recognizes both state and federal constitutions as the ‘law of the land.’
What is the purpose of case law?
To provide prevailing decisions in criminal cases
It is based on the interpretations of laws by appellate courts.
What is the Bill of Rights?
The first 10 amendments to the U.S. Constitution
Adopted in 1787 and ratified in 1789, it limits government power and protects individuals.
Which amendment guarantees freedom of speech, religion, and press?
1st Amendment
It also includes the right to assemble and petition the government.
Which amendment protects against unlawful search and seizure?
4th Amendment
This amendment secures individuals from unreasonable searches.
What protections does the 5th Amendment provide?
Protection against self-incrimination and double jeopardy
It also ensures due process.
What does the 6th Amendment guarantee?
The right to a speedy trial, impartial jury, and assistance of counsel
These rights are critical for fair legal proceedings.
What does the 8th Amendment prohibit?
Excessive bail and cruel and unusual punishments
This amendment is fundamental in ensuring humane treatment in the justice system.
What does the 14th Amendment ensure?
Due process and equal protection under the law
It extends protections against state infringements of rights.
What does the California Constitution primarily outline?
Duties, powers, structure, and functions of the government of California.
