i. rule of law Flashcards
chapter four, rule of laws. days one - four
two types of law
criminal and civil
crimes committed against individuals are considered an offense against the __.
state
a violation of civil laws and considered a private matter between individuals
tort
sherrif’s office takes care of these laws
civil
if the offender is considered responsible (___), they have committed a tort.
liable
the body of law that defines criminal offenses and their penalties; governs what people may legally do and not do.
substantive
the body of law that govens the ways in which the substantive laws are administered; how they’re arrested, searched, interrogated, tried, and punished.
procedural
refers to the legitimate source of the criminal law; only violations of rules made by the state are crimes
politicality
refers to the scope of criminal law; civil law can be general in scope but criminal law should have strict definitions of specific acts.
specificity
the applicability of the criminal law to all persons
regularity
reforms to the way in which the criminal law should be enforced
uniformity
the principle that violators will be punished or at least threatened with punishments by the state.
penal sanction
pay victim back to make them whole again
restitution
the first laws were created about ___ years ago.
five thousand
number of laws from the code of hammurabi
two hundred and eighty-five
the criminal law of the us, for the most part, is derived from _______.
the laws of england
the decision that forms a potential basis for deciding the outomes of similar cases in the future
precedent
the principle of using precendents to guide future decisions in court cases
stare decisis