unit 4 Flashcards
Definition of Law
refers to a rule of conduct, generally found enacted in the form of a statute that proscribes or mandates certain forms of behavior.
Statutory law
is often the result of moral enterprise by interest groups that, through the exercise of political power, are successful in seeing their valued perspectives enacted into law. Written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws.
Case Law
The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts.
Common Law
Law originating from usage and custom rather than from written statutes.
Ex Post Facto Laws
A law that makes an act criminal after it was committed or retroactively increases the penalty for a crime.
Why are Ex Post Facto Laws banned
They are banned by the constitution to ensure a fair punishment of someone and avoid tyranny
Civil Law
The branch of modern law that governs relationships between parties.
Procedural Law
The methods that must be followed in obtaining warrants, investigating offenses, effecting lawful arrests, conducting trials, introducing evidence, sentencing convicted offenders, and reviewing cases by the appellate courts.
Substantive Law
Body of specific rules that declare what conduct is criminal and prescribe to be imposed for such conduct.
4th Amendment
The right of the people to be secure in their persons, property, and effects from unreasonable search and seizure. Requires probable cause supported by an oath or affirmation and the specific places where to be searched.
5th Amendment
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use.
6th Amendment
Guarantees the rights of a criminal defendant. Ensures the right to Public Trail, Quick & speedy trial, Lawyer, impartial jury, know your accuser, and the Nature of the carges.
14th Amendment
Addresses Citizenship and equal rights of citizens ensuring racial rights, electoral rights, and gender discrimination,
Tort Laws
Laws pertaining to a wrongful act, damage, or injury not involving a breach of contract. A private or civil wrong or injury.
Felonies
Criminal offenses punishable by death or by incarceration in a prison facility for at least one year. Examples: Aggravated Assault, Murder, Robbery, Burglary.
