Chapter 3 - Legal Flashcards
Constitutional law
identifies the powers and limitations of each branch of
government: legislative, executive, and judicial
Statutory law
is written and enacted by Congress, state legislatures, or
local governing authorities in response to a perceived need. Statutory law includes criminal, civil, administrative, and regulatory laws.
Criminal law
identifies behaviors deemed unacceptable by society. Criminal law also sets punishments for those behaviors
Ordinances
laws enacted by a municipal (city) or county government
Civil law
is the legal action that a person takes to resolve a non-criminal
private dispute with another person
Administrative law
the body of law that establishes the operations and
procedures of governmental agencies
Case law
the body of law formed by the decisions of the court system
(the judicial branch)
Due process
that laws must be applied fairly and equally to all people, including a person accused of a crime
Substantive due process
the fair and consistent enforcement of the law. This means that people are treated fairly
Procedural due process
the procedures that must be followed to protect a person’s rights during a criminal justice process
First Amendment
Protects the right to free speech, press, assembly, and religion
Second Amendment
Protects right to bear arms
Fourth Amendment
Protects from unreasonable search and seizure
Fifth Amendment
Protects against self-incrimination and guarantees due process
Sixth Amendment
Establishes a right to a speedy trial, impartial jury, and assistance of counsel