Chapter 3 - Legal - Unit 1 Flashcards

1
Q

Legislative

A

Makes laws (Congress, House of Representatives and Senate)

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2
Q

Executive

A

Carries out laws (president, vice president, Cabinet)

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3
Q

Judicial

A

Interprets laws (Supreme Court and Federal court)

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4
Q

Statutory law

A

is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need. Statutory law includes criminal, civil, administrative, and regulatory laws.

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5
Q

Criminal law

A

identifies behaviors deemed unacceptable by society. Criminal law also sets punishments for those behaviors.

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6
Q

Ordinances

A

laws enacted by a municipal (city) or county government. Local governments create ordinances that regulate matters of narrow application, such as curfews for minors, restrictions on the hours when alcohol may be sold, or parking regulations.

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7
Q

Case law

A

Law formed be the decision of a court case

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8
Q

Civil law

A

the legal action that a person takes to resolve a non-criminal private dispute with another person

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9
Q

Administrative law

A

law that establishes the operations and procedures of governmental agencies

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10
Q

Due process

A

laws must be applied fairly and equally to all people, including a person accused of a crime.

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11
Q

Substantive due process

A

the fair and consistent enforcement of the law. This means that people are treated fairly.

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12
Q

Procedural due process

A

refers to the procedures that must be followed to protect a person’s rights during a criminal justice process. This means that everyone is entitled to every step in the criminal justice process.

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13
Q

First Amendment

A

Protects the right to free speech, press, assembly, and religion

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14
Q

Second Amendment

A

Protects right to bear arms

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15
Q

Fourth Amendment

A

Protects from unreasonable search and seizure

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16
Q

Fifth Amendment

A

prohibits compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.

17
Q

Sixth Amendment

A

Establishes a right to a speedy trial, impartial jury, and assistance of counsel

18
Q

Eighth Amendment

A

Protects against cruel and unusual punishment and prohibits the use of excessive bail or fines.

19
Q

Fourteenth Amendment

A

Establishes due process and equal protection of the laws

20
Q

Offense

A

a breach of law and broadly describes criminal or non-criminal acts that are punishable under Florida law

21
Q

Ordinance Violations

A

Municipal and county ordinances can be criminal or non-criminal
Criminal - up to 60 days in jail and/or a $500 fine
A non-criminal ordinance fine is not limited in amount

22
Q

Supremacy Clause

A

When Laws conflict, Federal law overrides state and local law

23
Q

Misdemeanor

A

any criminal offense with a maximum incarceration penalty in a county jail of up to one year

24
Q

Second-degree misdemeanor

A

maximum penalty of 60 days in jail and/or a fine of
up to $500, or both.

An example of a second-degree
misdemeanor is criminal mischief involving property
damage totaling less than $200.

25
Q

First-degree misdemeanor

A

maximum penalty of one year in jail and a fine of up to
$1,000, or both.

An example of a first-degree misdemeanor is criminal mischief involving property damage greater than $200 but less than $1,000.

26
Q

Third-degree felony

A

maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000, or both.

Aggravated assault is an example of a third-degree felony.

27
Q

Second-degree felony

A

maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both.

Aggravated battery is an example of a second-degree felony.

28
Q

First-degree felony

A

maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.

Kidnapping is a first-degree felony punishable by life incarceration.

29
Q

Life felony

A

maximum penalty is life incarceration in a state correctional facility without the possibility of parole or probation, a fine of up to $15,000, or both.

30
Q

Capital felony

A

death or life incarceration in a state correctional facility without the possibility of parole.

For example, first-degree murder

31
Q

Enhanced penalty

A

a sentence that is increased from one classification of offense to a more serious classification due to a prior conviction or the serious nature of the circumstances involved

32
Q

Principal in the first degree

A

a person who commits any criminal offense, whether felony or misdemeanor, aids, abets, counsels, hires, or persuades an offense to be committed

33
Q

Accessory after the fact

A

a person who gives the principal any aid with the intent that the principal avoids or escapes detention, arrest, trial, or punishment