i. rule of law Flashcards

chapter four, rule of laws. days one - four

1
Q

two types of law

A

criminal and civil

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2
Q

crimes committed against individuals are considered an offense against the __.

A

state

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3
Q

a violation of civil laws and considered a private matter between individuals

A

tort

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4
Q

sherrif’s office takes care of these laws

A

civil

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5
Q

if the offender is considered responsible (___), they have committed a tort.

A

liable

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6
Q

the body of law that defines criminal offenses and their penalties; governs what people may legally do and not do.

A

substantive

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7
Q

the body of law that govens the ways in which the substantive laws are administered; how they’re arrested, searched, interrogated, tried, and punished.

A

procedural

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8
Q

refers to the legitimate source of the criminal law; only violations of rules made by the state are crimes

A

politicality

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9
Q

refers to the scope of criminal law; civil law can be general in scope but criminal law should have strict definitions of specific acts.

A

specificity

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10
Q

the applicability of the criminal law to all persons

A

regularity

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11
Q

reforms to the way in which the criminal law should be enforced

A

uniformity

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12
Q

the principle that violators will be punished or at least threatened with punishments by the state.

A

penal sanction

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13
Q

pay victim back to make them whole again

A

restitution

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14
Q

the first laws were created about ___ years ago.

A

five thousand

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15
Q

number of laws from the code of hammurabi

A

two hundred and eighty-five

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16
Q

the criminal law of the us, for the most part, is derived from _______.

A

the laws of england

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17
Q

the decision that forms a potential basis for deciding the outomes of similar cases in the future

A

precedent

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18
Q

the principle of using precendents to guide future decisions in court cases

A

stare decisis

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19
Q

the laws of cities and towns

A

ordinances

20
Q

officers must have ___ before a judicial officer can leagally issue a search or arrest warrant

A

probable cause

21
Q

officers seeking a search warrant must specify in a signed ___ (a written and sworn declaration, and the facts that establish probable cause)

A

affidavit

22
Q

search warrants are _____ to be served in a reasonable time

A

required

23
Q

maryland officers have ____ days to serve warrants

A

fifteen

24
Q

judges can authorize ________ warrants in suspicion of dangerous suspect or weapons

A

“no knock”

25
Q

in the course of conducting a legal search, officers discover _____ or evidence of a crime not covered by the warrant, they may seize that evidence under the ________ exeption.

A

i. contraband

ii. plain-view

26
Q

most arrests are made without a ____

A

warrant

27
Q

and arrest warrent is issured to someone if substantial and trustworthy evidence supports these two conclusion

A

i. a violation of the law that has been committed

ii. the person to be arrested committed the violation

28
Q

the ___ amendment requres a warrant signed by a judge to authorize a search for seizure of evidence of criminal activity

A

fourth

29
Q

before ‘69, an officer arrested a suspect they could legally search, without a warrant, the entire premises surrounding the arrest. this is called __________.

A

search incident to arrest

30
Q

_____ v. ___________, the supreme court lilmited the scope of seraches incident to arrest. they restricted areas searched to the area within the suspect’s immediate control.

A

Chimel v. California

31
Q

_____ v. ________, officers may search the passenger compartment and contents of any opened orclosed containers in the compartment.

A

New York v. Belton

32
Q

_____ v. _____, added the trunk.

A

US v. Boss

33
Q

__________ v. __________, allowed police, with pc, to search the passenger’s belongings.

A

Wyoming v. Houghton

34
Q

__________ v. _____, relooked Belton. can only search passenger compartment during an arrest if it is reasonable belive that arrestee might access the vehicle at any time or if it contains evidence of the offense.

A

Arizona v. Gant

35
Q

___ v. __, plain-view doctrine

A

Harris v. US

36
Q

_____ v. _____, protective sweeps.

A

Maryland v. Buie

37
Q

allows officers more freedom to search or enter a room if they thing of danger; hot pursuit of suspects; prevent the imminent destruction of evidence

A

exigent circumstances doctrine

38
Q

__________________ v. _________, concent searches

A

Schenckloth v. Bustamonte

39
Q

standard of proof with least certainty (gut feeling)

A

mere suspicion

40
Q

more than a gut feeling, ability to articulate reasons for the suspicion.

A

reasonable suspicion

41
Q

the amount of proof necessary for a reasonably intelligent person to believe that a crime has been committed or that items connected with criminal activiy can be found in a particulat place; proof necessary to make an arrest.

A

probable cause

42
Q

evidence that more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation

A

preponderance of evidence

43
Q

necessary to find a defendant guilty in a criminal trial

A

beyond a reasonable doubt

44
Q

_________ v. _______, the court upheld the definition of reasonable doubt

A

Sandoval v. California

45
Q

the standard of proof required for a judicial officer to deny bail in cases involving capital felonies

A

presumption great OR proof evident

46
Q

amount needed to win a lawsuit

A

fifty-one percent

47
Q

amount needed to win a criminal case

A

ninety-five percent