Module 6 Flashcards
What does the rule of law mean?
Under the rule of law, laws are known in advance, they apply the same way to everyone, and if we feel they have been applied unjustly we can appeal to a higher authority.
Types of laws:
Substantive laws -define what we can and cannot do
Procedural laws -how laws are used, enforced and applied
Criminal laws -a form of substantive law that prohibits behavior that makes collective living difficult or impossible: theft, murder, rape, disrupting the peace, etc.
Civil laws -regulate interactions between individuals
Constitutional laws -establish the legal infrastructure
Statutory laws -laws made by legislatures
Administrative laws -laws created by the bureaucracy after legislation has been passed stating a general intent
Executive orders -clarification of congressional policy issued by the president and having the full force of the law
What is a precedent?
a previous decision or ruling by a court that is binding on subsequent decisions
How do our laws separate us from authoritarian systems?
In authoritarian systems, people live under the will of a tyrant—unpredictable, self-interested, and final. In a democracy, by contrast, the concept of the social contract means we can agree to live under the rule of law, not under the will of a tyrant.
What is the difference between common law tradition and civil law tradition?
Common law tradition means the decisions of judges become part of the legal tradition and those precedents (prior decisions) have the standing of law. Civil law tradition means laws are codified (passed by a legislature and written down), which gives judges less leeway in their decision making.
Difference between the adversarial system and inquisitorial system?
An adversarial system is concerned with conducting a fair trial. An inquisitorial system’s goal is to uncover the truth.
What is a litigious system?
A legal system in which parties typically settle their differences in court.
What is the structure of the state court system?
- Trial court
- State appellate court
- State supreme court
Who is the solicitor general?
Essentially the united state’s lawyer.
