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
16
Q
5th Amendment
A
- due process
- no double jeopardy
- no self incrimination
17
Q
6th Amendment
A
- speedy, public, and impartial jury trial
18
Q
8th Amendment
A
- no cruel or unusual punishments
19
Q
Courtroom Actors
A
1) Parties
2) Attorneys
3) Judge
4) Clerk
5) Witnesses
6) Bailiff
7) Court Reporter
20
Q
Parties
A
- State (Prosecutors)
- Defendant (Defense)
21
Q
Attorneys
A
- Represents the Parties
22
Q
Judge
A
- Determines facts/law in bench trial
- Determines law in jury trial
23
Q
Clerk
A
- helps the judge
- handles the paperwork/schedules/(sometimes)opinions
24
Q
Witness
A
- Helps get evidence admitted (prosecution)
- builds the story
25
Bailiff
- Protection in the courtroom
26
Court Reporter
- transcribes everything that happens in the courtroom
27
Criminal Process
- Crime
- Arrest
- Initial Appearance (magistrate)
- Bail
- Charging Decision
- Preliminary Hearing/Grand Jury
- Arraignment
- Discovery
- Pre-Trial Motions
- Plea Negotiations
- Trial
-Sentencing
- Appeal
