CHAPTER 2 - LEGAL Flashcards

1
Q

What is the Law?

A

encourages people to behave in a certain way

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2
Q

Why is the law important?

A

Necessary to maintain order
Protect ownership of property
Regulate certain businesses
Raise revenue

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3
Q

What are the laws that govern the way that we live in the United States

A
Administrative Law
Case Law
Civil Law
Constitutional Law
Criminal Law
Ordinances
Statutory Law
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4
Q

What is Constitutional Law?

A

defines he form of the government and its three branch structure

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5
Q

What the three branches of government?

A

Executive
Legislative
Judicial

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6
Q

Which law identifies power and limitations of each branch of government?

A

Constitutional Law

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7
Q

What is Statutory Law?

A

Written and enacted by Congress, state legislators, or local governing authorities in response to a perceived need

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8
Q

What does the Statutory Law include?

A

Criminal Law
Civil Law
Administrative Law
Regulatory Law

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9
Q

What is Criminal Law?

A

identifies unacceptable behaviors and allows for government prosecution of those who commit them

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10
Q

What are ordinances?

A

statues enacted by municipal or county government

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11
Q

Local government creates county ordinances that regulate?

A

matters of narrow application

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12
Q

Ordinances are only valid where?

A

Within their jurisdictions

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13
Q

Some ordinances are ____, where others are _____

A

Criminal; civil infractions

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14
Q

Ordinances ____ conflict with State or Federal law, to include case law

A

Cannot

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15
Q

What is Civil Law?

A

Legal action that a person takes to resolve a private dispute

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16
Q

Courts provide what for Civil Law Disputes?

A

Forum for involved parties to settle disputes through legal action

17
Q

What is needed by filling person in a Civil Law case?

A

recognized cause of action

18
Q

____ is to a Civil Case as ____ is to a Criminal Case

A

Cause of Action; criminal statue

19
Q

What is Administrative Law?

A

body of law that allows for the creation of public regulatory agencies

20
Q

What does Administrative Law contain?

A

all the statues, judicial decisions, and regulation that the govern them

21
Q

What Florida Administrative Code (FAC) governs the training and certification of LEO?

A

Chapter 11-B

22
Q

What is Case Law?

A

decisions of the court judicial system

23
Q

What are Case Laws based upon?

A

court’s interpretation of constitutional provisions

clarification of the meaning of a statue or rule as applied to a specific set of facts

24
Q

Court that creates a rule known as a precedent

A

Appellate Court

25
Q

Once a precedent is made, you are required to follow that rule unless?

A

a higher court changes the rule

26
Q

Each ___ court’s ruling is binding on that jurisdiction?

A

Circuit

27
Q

What are described in the first 10 Amendments of the constitution?

A

Rights given to all Americans such as
Freedom of speech
Protection against unreasonable search and seizures
Prohibition of cruel and unusual punishment

28
Q

What are the first 10 Amendments called?

A

Bill of Rights

29
Q

What is the purpose of the government?

A

Secure and protect the rights of the people

30
Q

Government is the __ of the people, not their ______.

A

Agent

Master

31
Q

What sets the parameters in which the government operates and establish laws as well as defines a LEO authority to act?

A

U.S. Constitution

32
Q

What forms the constitutions main body?

A

Articles of the Constitution