Chapter 3 - Legal - Unit 1

Question 1

Legislative

Answer 1

Makes laws (Congress, House of Representatives and Senate)

Question 2

Executive

Answer 2

Carries out laws (president, vice president, Cabinet)

Question 3

Judicial

Answer 3

Interprets laws (Supreme Court and Federal court)

Question 4

Statutory law

Answer 4

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.

Question 5

Criminal law

Answer 5

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

Question 6

Ordinances

Answer 6

laws enacted by a municipal (city) or county government. Local governments create ordinances that regulate matters of narrow application, such as curfews for minors, restrictions on the hours when alcohol may be sold, or parking regulations.

Question 7

Case law

Answer 7

Law formed be the decision of a court case

Question 8

Civil law

Answer 8

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

Question 9

Administrative law

Answer 9

law that establishes the operations and procedures of governmental agencies

Question 10

Due process

Answer 10

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

Question 11

Substantive due process

Answer 11

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

Question 12

Procedural due process

Answer 12

refers to the procedures that must be followed to protect a person’s rights during a criminal justice process. This means that everyone is entitled to every step in the criminal justice process.

Question 13

First Amendment

Answer 13

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

Question 14

Second Amendment

Answer 14

Protects right to bear arms

Question 15

Fourth Amendment

Answer 15

Protects from unreasonable search and seizure

Question 16

Fifth Amendment

Answer 16

prohibits compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law.

Question 17

Sixth Amendment

Answer 17

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

Question 18

Eighth Amendment

Answer 18

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

Question 19

Fourteenth Amendment

Answer 19

Establishes due process and equal protection of the laws

Question 20

Offense

Answer 20

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

Question 21

Ordinance Violations

Answer 21

Municipal and county ordinances can be criminal or non-criminal
Criminal - up to 60 days in jail and/or a $500 fine
A non-criminal ordinance fine is not limited in amount

Question 22

Supremacy Clause

Answer 22

When Laws conflict, Federal law overrides state and local law

Question 23

Misdemeanor

Answer 23

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

Question 24

Second-degree misdemeanor

Answer 24

maximum penalty of 60 days in jail and/or a fine of
up to $500, or both.

An example of a second-degree
misdemeanor is criminal mischief involving property
damage totaling less than $200.

Question 25

First-degree misdemeanor

Answer 25

maximum penalty of one year in jail and a fine of up to
$1,000, or both.

An example of a first-degree misdemeanor is criminal mischief involving property damage greater than $200 but less than $1,000.

Question 26

Third-degree felony

Answer 26

maximum penalty of 5 years in a state correctional facility, a fine of up to $5,000, or both.

Aggravated assault is an example of a third-degree felony.

Question 27

Second-degree felony

Answer 27

maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both.

Aggravated battery is an example of a second-degree felony.

Question 28

First-degree felony

Answer 28

maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both.

Kidnapping is a first-degree felony punishable by life incarceration.

Question 29

Life felony

Answer 29

maximum penalty is life incarceration in a state correctional facility without the possibility of parole or probation, a fine of up to $15,000, or both.

Question 30

Capital felony

Answer 30

death or life incarceration in a state correctional facility without the possibility of parole.

For example, first-degree murder

Question 31

Enhanced penalty

Answer 31

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

Question 32

Principal in the first degree

Answer 32

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

Question 33

Accessory after the fact

Answer 33

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