i. rule of law Flashcards

chapter four, rule of laws. days one - four (47 cards)

1
Q

two types of law

A

criminal and civil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

crimes committed against individuals are considered an offense against the __.

A

state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

a violation of civil laws and considered a private matter between individuals

A

tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

sherrif’s office takes care of these laws

A

civil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

if the offender is considered responsible (___), they have committed a tort.

A

liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

the body of law that defines criminal offenses and their penalties; governs what people may legally do and not do.

A

substantive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

the body of law that govens the ways in which the substantive laws are administered; how they’re arrested, searched, interrogated, tried, and punished.

A

procedural

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

refers to the legitimate source of the criminal law; only violations of rules made by the state are crimes

A

politicality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

refers to the scope of criminal law; civil law can be general in scope but criminal law should have strict definitions of specific acts.

A

specificity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

the applicability of the criminal law to all persons

A

regularity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

reforms to the way in which the criminal law should be enforced

A

uniformity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

the principle that violators will be punished or at least threatened with punishments by the state.

A

penal sanction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

pay victim back to make them whole again

A

restitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

the first laws were created about ___ years ago.

A

five thousand

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

number of laws from the code of hammurabi

A

two hundred and eighty-five

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

the criminal law of the us, for the most part, is derived from _______.

A

the laws of england

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

the decision that forms a potential basis for deciding the outomes of similar cases in the future

A

precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

the principle of using precendents to guide future decisions in court cases

A

stare decisis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

the laws of cities and towns

20
Q

officers must have ___ before a judicial officer can leagally issue a search or arrest warrant

A

probable cause

21
Q

officers seeking a search warrant must specify in a signed ___ (a written and sworn declaration, and the facts that establish probable cause)

22
Q

search warrants are _____ to be served in a reasonable time

23
Q

maryland officers have ____ days to serve warrants

24
Q

judges can authorize ________ warrants in suspicion of dangerous suspect or weapons

A

“no knock”

25
in the course of conducting a legal search, officers discover _____ or evidence of a crime not covered by the warrant, they may seize that evidence under the ________ exeption.
i. contraband | ii. plain-view
26
most arrests are made without a ____
warrant
27
and arrest warrent is issured to someone if substantial and trustworthy evidence supports these two conclusion
i. a violation of the law that has been committed | ii. the person to be arrested committed the violation
28
the ___ amendment requres a warrant signed by a judge to authorize a search for seizure of evidence of criminal activity
fourth
29
before '69, an officer arrested a suspect they could legally search, without a warrant, the entire premises surrounding the arrest. this is called __________.
search incident to arrest
30
_____ v. ___________, the supreme court lilmited the scope of seraches incident to arrest. they restricted areas searched to the area within the suspect's immediate control.
Chimel v. California
31
_____ v. ________, officers may search the passenger compartment and contents of any opened orclosed containers in the compartment.
New York v. Belton
32
_____ v. _____, added the trunk.
US v. Boss
33
__________ v. __________, allowed police, with pc, to search the passenger's belongings.
Wyoming v. Houghton
34
__________ v. _____, relooked Belton. can only search passenger compartment during an arrest if it is reasonable belive that arrestee might access the vehicle at any time or if it contains evidence of the offense.
Arizona v. Gant
35
___ v. __, plain-view doctrine
Harris v. US
36
_____ v. _____, protective sweeps.
Maryland v. Buie
37
allows officers more freedom to search or enter a room if they thing of danger; hot pursuit of suspects; prevent the imminent destruction of evidence
exigent circumstances doctrine
38
__________________ v. _________, concent searches
Schenckloth v. Bustamonte
39
standard of proof with least certainty (gut feeling)
mere suspicion
40
more than a gut feeling, ability to articulate reasons for the suspicion.
reasonable suspicion
41
the amount of proof necessary for a reasonably intelligent person to believe that a crime has been committed or that items connected with criminal activiy can be found in a particulat place; proof necessary to make an arrest.
probable cause
42
evidence that more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation
preponderance of evidence
43
necessary to find a defendant guilty in a criminal trial
beyond a reasonable doubt
44
_________ v. _______, the court upheld the definition of reasonable doubt
Sandoval v. California
45
the standard of proof required for a judicial officer to deny bail in cases involving capital felonies
presumption great OR proof evident
46
amount needed to win a lawsuit
fifty-one percent
47
amount needed to win a criminal case
ninety-five percent