Chapter 3 - Legal Flashcards

1
Q

Constitutional law

A

identifies the powers and limitations of each branch of
government: legislative, executive, and judicial

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2
Q

Statutory law

A

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.

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3
Q

Criminal law

A

identifies behaviors deemed unacceptable by society. Criminal law also sets punishments for those behaviors

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4
Q

Ordinances

A

laws enacted by a municipal (city) or county government

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5
Q

Civil law

A

is the legal action that a person takes to resolve a non-criminal
private dispute with another person

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6
Q

Administrative law

A

the body of law that establishes the operations and
procedures of governmental agencies

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7
Q

Case law

A

the body of law formed by the decisions of the court system
(the judicial branch)

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8
Q

Due process

A

that laws must be applied fairly and equally to all people, including a person accused of a crime

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9
Q

Substantive due process

A

the fair and consistent enforcement of the law. This means that people are treated fairly

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10
Q

Procedural due process

A

the procedures that must be followed to protect a person’s rights during a criminal justice process

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11
Q

First Amendment

A

Protects the right to free speech, press, assembly, and religion

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12
Q

Second Amendment

A

Protects right to bear arms

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13
Q

Fourth Amendment

A

Protects from unreasonable search and seizure

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14
Q

Fifth Amendment

A

Protects against self-incrimination and guarantees due process

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15
Q

Sixth Amendment

A

Establishes a right to a speedy trial, impartial jury, and assistance of counsel

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16
Q

Eighth Amendment

A

Protects against cruel and unusual punishment and prohibits the use of excessive bail or fines.

17
Q

Fourteenth Amendment

A

Establishes due process and equal protection of the laws.

18
Q

Offense

A

a breach of law and broadly describes criminal or
non-criminal acts that are punishable under Florida law

19
Q

Misdemeanor

A

is any criminal offense with a maximum incarceration
penalty in a county jail of up to one year

20
Q

Felony

A

is any criminal offense committed where the maximum penalty is death or incarceration in a state correctional facility for more than one year

21
Q

Enhanced penalty

A

is a sentence that is increased from one classification
of offense to a more serious classification due to a prior conviction or
the serious nature of the circumstances involved

22
Q

Principal in the first degree

A

is a person who commits any criminal offense, whether felony or misdemeanor, aids, abets, counsels, hires, or persuades an offense to be committed or attempted

23
Q

Accessory after the fact

A

a person who gives the principal any aid with the intent that the principal avoids or escapes detention, arrest, trial, or punishment

24
Q

Criminal intent

A

the conscious decision someone makes to deliberately engage in an unlawful or negligent act, or to harm someone else

25
Q

Probable cause

A

a fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances

26
Q

General intent

A

when a suspect intentionally commits an illegal act prohibited by law without considering the results of the illegal act.

27
Q

Specific intent

A

the intent to commit a crime and the intent to deprive an owner of something permanently.

28
Q

Transferred intent

A

when a crime is intended to harm one person and inadvertently causes a second person to be hurt instead.

29
Q

Recklessness

A

imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm

30
Q

CHAP 3Negligence

A

the failure to behave with the level of care that a reasonably
prudent person would have exercised under the same circumstances