Chapter 2 Flashcards
1
Q
What is Law?
A
1) Rules
2) Enacted by Officials
3) Legitimate
4) Enforced
2
Q
Sourced of Law
A
1) Common
2) Constitutions
3) Statutes
4) Regulations
3
Q
Common law
A
- Judge-made
- based on precedent (stare decisis)
- multiple sources
4
Q
Constitutions
A
Outline for other laws
5
Q
Statutes
A
- enacted by legislatures
6
Q
Regulations
A
agencies empowered by statutes
7
Q
Types of Law
A
1) Substantive
2) Procedural
8
Q
Substantive
A
Legal obligation to enforce laws
9
Q
Procedural
A
How to enforce them
10
Q
Legal System
A
1) Adversary System
2) Safe Guards
11
Q
Adversary System
A
Two sides fighting it out
12
Q
Safe Guards
A
- Constitutional Rights
- Presumption of Innocence
- Burdens of Proof
13
Q
Burden of Proof
A
- Mere suspicion
- reasonable suspicion
- probable causes
- preponderance of the evidence
- clear and convincing evidence
- beyond a reasonable doubt
- beyond all doubt (not really)
14
Q
Rights of the Accused
A
1) 4th Amendment
2) 5th Amendment
3) 6th Amendment
4) 8th Amendment
15
Q
4th Amendment
A
- no unreasonable searches or seizures
- warrant requirement
