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Maatschappijleer > Chapter 1: What is civics? + Chapter 2: The rule of law > Flashcards

Chapter 1: What is civics? + Chapter 2: The rule of law Flashcards

1
Q

Legal standards

A

These are rules of conduct that the government has laid down in statutory laws and regulations. The sum of these rules is referred to as “the law”.

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2
Q

Public law

A

Public law governs the relations between private citizens and public authorities. This includes criminal law.

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3
Q

Criminal law

A

Criminal law determines what behaviour is subject to punishment.

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4
Q

Civil law / Private law

A

Civil law regulates how private entities interact with each other. It is about rights and obligations.

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5
Q

Legal entity

A

Rechtspersonen. Individual people or an association or company.

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6
Q

Justice

A

How citizens understand the concepts of right and wrong.

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7
Q

The rule of law

A

A legal system in which fundamental rights protect individuals from abuses of power and arbitrary violations.

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8
Q

Law enforcement

A

The state must ensure that we obey the law.

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9
Q

Legal protection

A

Laws protect us from abuses of power by the government

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10
Q

Monopoly of violence

A

The government has more power than we do, and has the sole right to use force

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11
Q

Constitution

A

The constitution defines the fundamental rights of the inhabitants and how the state is organised.

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12
Q

Fundamental rights

A

The fundamental rights are the basic rights you need to live a life of basic human dignity.

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13
Q

Human rights

A

The human rights are the basic rights you need to live a life of basic human dignity.

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14
Q

Classic fundamental rights

A

The right to equal treatment, freedom of religion, reddom of expression and the right to bodily integrity. These must be guaranteed by the government. You can go to court to insist that these rights are respected.

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15
Q

Fundamental social rights

A

The right to work, health care and housing. The government cannot guarantee these rights, but it must make an effort to ensure that they are provided.

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16
Q

Trias politica

A

No single person or body has aboslute political power.

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17
Q

Legislative branch

A

The legislative branch makes the laws that citizens and the government must follow. This task is jointly assigned to the Parliament and the government. A minister presents a bill on behalf of the government. The proposed legislation must be approved by the Parliament before entering the law.

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18
Q

Executive branch

A

The executive branch handles the implementation fo the laws that have been approved. The government is responsible for this. Ministers give orders to the civil servants (ambtenaren).

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19
Q

Judicial branch

A

The judicial branch makes decisions in conflicts and assesses whether someone has broken the law. They can also impose punishments.

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20
Q

Checks and balances

A

Each of the three branches of the trias politica is accountable for the other two.

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21
Q

Challenge

A

If a judge appears biased, you can seek disqualification by making a challenge. If the motion is granted, a different judge will be appointed to preside over the case.

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22
Q

Principle of legality

A

The government is only allowed to restrict the freedoms of citizens if those restrictions have already been laid down in laws.

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23
Q

Legal certainty

A

Everything the government does has to have a legal basis. This establishes legal certainty, because everone can check exactly what the government is and is not allowed to do.

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24
Q

Criminal Code

A

All the major and minor offences in one list.

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25
Q

Criminal offence

A

All illegal/criminal offences.

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26
Q

Major offence

A

Serious crimes. These are actions that we disapprove of, and are punishable by law in many countries.

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27
Q

Minor offence

A

Less serious crimes. We do not approve of these actions, but they are not usually considered serious crimes.

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28
Q

Crime

A

All the unlawful acts specified in the law.

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29
Q

Police

A

The people who hunt down and arrest criminals.

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30
Q

Public prosecutor

A

The person that can dismiss, take to court or resolve the criminal case.

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31
Q

Frisking

A

Touching someone to feel if they have weapons or drugs.

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32
Q

Coercive measures

A

The investigative powers that the police has to ask permission from the public prosecutor for.

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33
Q

Suspect

A

The possible criminal

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34
Q

Defendant or accused

A

Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant.

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35
Q

Apprehend

A

Stopped or challenged by the authorities.

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36
Q

Stop

A

To make someone stand still

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37
Q

Arrest

A

When the police make an arrest, a suspect must go along to the police station for questioning.

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38
Q

Detain

A

To keep them inprisoned.

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39
Q

Preventive frisking

A

Searchin a person without prior suspicion.

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40
Q

Infiltration

A

Entering a criminal organisations undercover.

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41
Q

Dismissal

A

No further prosecution.

42
Q

Out-of-court settlement

A

The suspect is required to pay a fine or do community service. They do not have to appear in court. If the suspect rejects the settlement, the case will go to court.

43
Q

Penalty order

A

A penalty order is similar to an out-of-court settlement: the difference is that a penalty order establishes that you are guilty.

44
Q

Prosecute

A

The case file will be sent to court and legal proceedings will start. Once the case goes to court, the suspect is referred to as the defendant.

45
Q

Judge

A

During a trial, the judge determines whether the defendant is guilty.

46
Q

Presumption of innocence

A

You are innocent until the court has established that there is proof that you are guilty.

47
Q

Full-bench panel

A

When there is a serious crime, a full-bench panel is required which consists of three judges.

48
Q

Hearing

A

The court session in which judges hear the case.

49
Q

Lawyer

A

The lawyer checks that the police and the public prosecution service are following the rules during the process of incestigation and prosecution. They also defend the suspect if a case goes to trial.

50
Q

Court of appeal

A

If the person convicted of a crime or the public prosecutor disagress with the verdict, they can appeal. If that happens, the case is then sent to the court of appeal for another hearing. The whole hearing will be redone.

51
Q

Supreme Court

A

After the court of appeal, it is possible to appeal to the Supreme Court. If an appeal reaches that stage, the Supreme Court does not investigate the facts, but only revieuws whether the law has been correctly applied.

52
Q

Vengeance and retribution

A

People have to “pay back” for the suffering that one person has inflicted on another via the courts.

53
Q

Deterrence

A

The prospect of punishment should deter people from criminal conduct.

54
Q

Prevention of vigilante justice

A

The task of punishing criminals has been assigned to the courts, not to the citizens. Punishment prevents vigilante justice, in which victims or surviving family memberstake the law into their own hands.

55
Q

Resocialisation

A

By imposing a punishment, we try to improve the behaviour of a criminal, so that they conform to the standards of society.

56
Q

Public safety

A

As long as a perpetrator is in prison, they cannot commit new crimes.

57
Q

Custodial sentence

A

Gevangenisstraffen.

58
Q

Community sentence

A

Taakstraffen.

59
Q

Financial penalty

A

Geldstraffen

60
Q

Detention as a substitute penalty

A

You will have to serve one day in prison for every 50 euros you do not pay towards your fine.

61
Q

Additional penalty

A

An extra penalty related to the crime that was committed. E.g. imposing a stadion ban or revoking a driving licence.

62
Q

Conditional

A

If the perpetrator complies with certain conditions during a specific period (probation), they will not have to serve that part of the sentence.

63
Q

Criminal justice measure

A

Reparing the damage caused by the crime.

64
Q

Terbeschikkingstelling

A

Compulsory detention under hospital orders. TBS.

65
Q

Juvenile criminal law

A

Offenders between 12 and 17.

66
Q

Adolescent criminal law

A

Offenders between 16 and 23. The judge can choose to apply juvenile law or adult law.

67
Q

Societal issue

A

A social issue is a problem that affects many people within a society.

68
Q

Compromise

A

A solution in which everyone involved has to give a little to make it work.

69
Q

Political problem

A

Politicians often solve the societal issues, which makes it a political problem as well.
A problem that politicians have to solve.

70
Q

Dilemma

A

A difficult choice between two things that cannot be combined.

71
Q

The rule of law

A

The justice, crime and punishment within a system.

72
Q

Parliamentary democracy

A

The way our democracy works.

73
Q

Pluralist society

A

A society with different cultures.

74
Q

Welfare state

A

A state in which the government takes care of the people who live there.

75
Q

Value

A

A value is a starting point or principle that people consider important in their lives.

76
Q

Norm

A

Norms are rules about how you are supposed to behave in a specific situation.

77
Q

Social control

A

The way in which people encourage or force others to follow the norms.

78
Q

Interest

A

How a person can benefit from a situation.

79
Q

Opposing interests

A

People can have opposing interests, which means that one has interest in one situation, whilst the other has interest in the opposite situation.

80
Q

Power

A

Power can be defined as the ability to influence how others think or act.

81
Q

Authority

A

Legitimised power. When people acknowledge and accept the power, we call this authority.

82
Q

Power resource

A

Elements that can be used to influence the behaviour of others.

83
Q

Social inequality

A

Knowledge, income, status, power and political influence are unequally distributed in society.

84
Q

Social cohesion

A

Social cohesion is about how much people feel connecter to others.

85
Q

What is civics about?

A

Civics is about how our society is structured and which challenges we face together.

86
Q

What are the requirements for a societal issue?

A
  1. It has consequences for various groups in society.
  2. People have different opinions about the causes and how it should be addressed.
  3. It must be resolved through common action and the government generally plays a role.,
87
Q

What are the three biggest reasons for a certain opninion?

A
  • Political vieuws.
  • Religious beliefs or ideology.
  • Position in society.
88
Q

Formal power

A

Power that is codified in rules and laws.

89
Q

Informal power

A

Power that is not codified in rules and laws.

90
Q

How do knowledge, income, status, power and political influence affect social inequality.

A
  • Knowledge: People who are well educated have an easier time finding a job than people who are less well educated.
  • Income: People who have a higher income are often than people living in poverty and they have fewer problems.
  • Status: The difference in status has consequences for the attention and appreciation that a person receives, and how they are treater by others.
  • Political power and influence: A government minister has more influence than a civil servant or private citizen. Politicians are more likely to listen to the opinions of the bank manager than the opinions of the cleaner.
91
Q

Why do we have legal standards?

A

Legal standards provide a structure, so live in society can proceed in an orderly fashion.

92
Q

What are the two core tasks of the government?

A
  • Law enforcement
  • Legal protection
93
Q

What is the purpose of the rule of law?

A

The purpose of the rule of law is to ensure the safety of private citizens: to protect individuals against the power of the state and to ensure that people are treated equally and can live in freedom.

94
Q

What are the three conditions that a state governed by the rule of law must follow?

A
  1. Fundamental rights are laid down in the constitution.
  2. A separation of powers has been established (trias politica).
  3. The principle of legality applies.
95
Q

How do you chance the constitution.

A

There are two rounds of voting in favor or against the amendment. The first round requires a simple majority of votes, and the second round requires a two-thirds majority.

96
Q

What is the aim of the trias politica?

A

To prevent abuses of power and injustices as much as possible.

97
Q

Vigilante justice

A

Eigenrichting. People start playing police and judge without a legal basis.

98
Q

What is criminal law about?

A

Criminal law is about investigating and prosecuting criminal offences.

99
Q

What is the procedure after a crime has been committed?

A
  1. The investigation and arrest. (Police + Public Prosecutor)
    2.1. Out-of-court settlement (PP)
    2.2. Penalty order (PP)
    2.3. Dismissal (PP)
    2.4. Prosection (PP)
    In case of prosecution:
  2. Court case (Judge)
100
Q

For which coercive measures does the police need permission?

A
  • Entering a house
  • Monitoring phone calls and internet traffic
  • Preventive frisking
  • Holding a suspect for more than nine hours. (The PP can extend this by another three days, for two times)
  • Infiltration of criminal organisations
101
Q

What happens during a hearing?

A
  1. Opening: The judge checks the personal details of the defendant and states their rights.
  2. Charges: The PP reads out the criminal offences that the accused is charged with.
  3. Examination: The judge questions the defendant. The defendant’s lawyer and the PP can present exhibits and question witnesses and experts.
  4. Motion for verdict: The pp attempts to demonstrate that the suspect is guilty and asks the judge to impose a specific punishment: the demands also known as the ‘motion for a directed verdict’.
  5. Defence; The lawyer presents arguments to defend the accused.
  6. Closing statement: At this point, the defendant can apologise to the victims, emphasise their innocence or indicate any damages that would be incurred as a result of a possible sentence.
  7. Judgement: The judge explains whether the evidence presented has been sufficient to prove that the defendant committed the crime states that the defendant is guilty or not guilty, and specifies the punishment imposed, if any.

Maatschappijleer (1 decks)

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