Quiz 4 Flashcards
What is a crime
A violation of the criminal law
What is a tort
A violation of the civil law
What is common/case law
a by-product of decisions made by trial and appellate court judges, who produce case law whenever they render a decision in a particular case
What is precedent and who determines the majority of precedents
a decision that forms a potential basis for deciding the outcomes of future similar cases
trial and appellate court judges
What are searches and what is required to obtain a warrant for one
searches - explorations by law officers of homes, premises, vehicles, or persons, to discover evidence of crimes
warrant - specific objects to be searched for are connected to criminal activity and the objects will be found in the place to be searched
What are seizures
seizures - the taking of persons/property into custody in response to violations of the law
What is the exclusionary rule
the rule that illegally seized evidence must be excluded from trials in federal and state courts
What rights are protected in the 14th Amendment
due process of law
What rights are protected in the 4th Amendment
against unreasonable search and seizure
warrants issued for these must be based on probable cause, signed off
What rights are protected in the 5th Amendment
grand jury indictment in federal cases
no double jeopardy
cant be compelled to self incriminate
- criminal cases only (Miranda rights)
What rights are protected in the 6th Amendment
speedy trial and public
impartial jury (in state and district where committed)
crime w/ punishment > 6 months
- jury trial
obtain witnesses in your defense
right to counsel if you cant afford it
What rights are protected in the 8th Amendment
no excessive bail
no excessive fines
no cruel/unusual punishments
what is an arrest and warrant for it
seizure of person/thing into custody, either physical (handcuffed), or constructive (peacefully submits)\
warrant - a violation of the law has been committed and the person to be arrested committed the crime
