Chapter 4 General Questions Flashcards
nullum crimen, nulla poena sine praevia lege poenali
No crime, no punishment without a previous penal law. This protects against retroactive punishment
Fair treatment through the normal judicial system, especially as a citizen’s entitlement.
Due Process
Separation of Powers
Executive, (President and about 5,000,000 workers) Legislative (Senate and House of Representatives) and Judicial (Supreme Court and lower Courts).
Prohibition of applying laws retroactively
ex post facto
Relationship in criminal law is between which two entities?
Government (state or federal) vs. Citizen or corporation
Punishment must fit the crime
Proportionality
Year of the Code of Hemmorabe
1780 B.C.
Common law is based off of ________.
Precedent (stare decisis)
What is the governmenting document of this country?
The Constitution
The dual system of government is referred to as…?
Federalism
First ten amendments to the constitution
Bill of Rights
The Bill of Rights contains…?
Civil Liberties
What civil liberties does Montana have that other states do not?
The Right to a clean environment, the right to privacy
Are any civil liberties absolute?
No.
Third Amendment
Ordering: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Right to Counsel (amendment?)
Effective Counsel, Sixth Amendment
Who was denied a right to effective counsel?
Gideon
Capital punishment is argued to be….?
Cruel and Unusual
Is anyone above the law?
Nope. Not even Nixon.
If a law is passed, then overturned, what is the most likely reason?
The law was declared Unconstitutional.
Ordering for Appellate books
US: Volume, US Supreme Court, Page Number, Year
Montana: Chapter, Paragraph, Page Number
A rule or order issued by the president to an executive branch of the government and having the force of law
Executive Order
When convicted of a crime, one will face…?
Incarceration and/or fines
A civil case will result in…?
Money Damages
