Unit 1: Background of American Law Flashcards
Law
The rules and regulations regarding a society- any rules a society follows.
Due Process
Protecting your rights (if disregarded when arrested, a retrial is available). Also known as Miranda Rights, found in the 4 & 15 Amendments.
Criminal Law
Deals with those who commit crimes; must receive punishment and do time for actions.
Civil Law
The system of law concerned with private relations between community- pay someone back for damages.
Differences Between Civil Law and Criminal Law
Civil Law: Not provided an attorney, monetary value, must be above 50% accuracy, no jury.
Criminal Law: Must be provided with an attorney, jury, beyond reasonable doubt, jail time.
Prosecutor
The one bringing the charges in a CRIMINAL case.
Plaintiff
The one bringing the charges in a CIVIL case.
Defense
The one being accused in both civil and criminal cases.
Bill of Rights
The first 10 amendments; deals with fundamental rights.
The U.S. Constitution
The “highest law of the land”, basic framework of our govt.
The Judicial Review
The Supreme Court can rule what you can and can’t do; void (strike anything down unconstitutional).