Chapter 14 Flashcards
A system of law based on precedent and customs
Common law
A ruling that is used as the basis for a judicial decision in a later, similar case
Precedent
A law written by a legislative branch of government
Statute
A legal action in which a person or group sues to collect damages for some harm that is done
Lawsuit
Branch of law dealing with the formation, construction, and interpretation of constitutions
Constitutional law
A law established by judicial decisions instead of by legislative action
Case law
Rules and regulations set by government agencies
Administrative law
A court order that requires police to bring a prisoner to court to explain why the person is being held
Writ of Habeas Corpus
A law that punishes a person accused of a crime without a fair trial
Bill of Attainder
A law that would allow a person to not be punished for an action that was not against the law when it was committed
Ex Post Facto
Following established legal procedures
Due process
A rule that evidence gained by police in a way that violates the fourth amendment may not be used in a trial
Exclusionary rule
List of rights police must inform the persons of before questioning, including the right against self-incrimination and the right to counsel
Miranda Warning
What are the four things that make a good law
Fair, Reasonable, Understandable, and Enforceable
What is the earliest written code ever discovered and when was it written
the Code of Hammurabi in 1760 B.C.
What mainly forbade acts such as murder and theft and was written the second latest
Israelite Law
What was first published in 450 B.C.
Roman Law
What did the Roman Law later turn into
The Justinian Code
What was the Justinian Code mainly about
religious ideas
Louisiana wrote a set of laws in 1825 based on what
Napoleonic Code
what is based on court decisions rather than legal code
English Common Law
What was blended together to make English Common Law
Roman Law and Canon Law
What was English Common Law also considered
Judge-made Law
What are the two types of Laws
Criminal Laws and Civil Laws
What are Criminal Laws for
protecting the citizens.
What are the two things that crimes are graded as
Felonies and Misdemeanors
Felonies are
serious offenses
Misdemeanors are
lesser offenses
What do Civil Laws deal with
disputes between the Government and its citizens
how are civil laws brought before a court
in a lawsuit
What kind of case can the government not bring up
Civil cases
What case brought about the Exclusionary rule
Mapp vs Ohio
What case brought about the Miranda Warning
Miranda vs Arizona
What case brought about the right to a lawyer
Gideon vs Wainwright
Which case dealt with the Eighth Amendment rights
Furman vs Georgia
