Studied by 8 peopleJurisprudence
The Study of law
What are the four characteristics of a “good” law?
clear, consistent, fair, enforceable
What are the 7 reasons why we have laws?
protect basic human rights
promote fairness
help resolve conflicts
promote order and stability
promote desirable social & economic behavior
represent the will of the majority
protect the rights of the minority
What are human rights?
rights that are believed to belong justifiably to every person
What is the Universal Declaration of Human Rights?
An international document that states basic rights and fundamental freedoms to which all human beings are entitled.
Why do morals and values sometimes conflict with laws?
values can overlap, differ based on region/religion/race/age/etc, and change over time; leads to conflict with laws
Criminal Law
Refers not only to the breaking of the law, but also to causing harm to people and/or society as a whole
ex:theft, substance abuse, sex offenders
Civil Law
The system of law concerned with private relations between members of a community
ex:alimony, child custody, divorce
Stare decisis
Let the decision stand; decisions are based on precedents from previous cases
Administrative Law
laws carried out by executive agencies (gov or organization related) and can be handled outside of the court room
ex:unemployment, food stamps, workers compensation
Common Law
law based on precedents and customs (not necessarily written)
ex: trial by jury, privacy law is decided by court, when person becomes custody of police is decided by court
Statute
a written law passed by a legislative body
Ordinance
a law or regulation made by a city or town government
Local Ordinance Example
Building and zoning regulations, pet restrictions, snow removal
State Statute example
License requirements
Federal Statute example
the militia act of 1862
What is the main idea behind limited government?
the idea that certain restrictions should be placed on government to protect the natural rights of citizens
Why did the framers of the Constitution decide it was important?
they wanted to make sure that each branch of government was balanced so that no one part of government could dominate the other
How is power separated in the federal government?
Checks and balances
What are the responsibilities of each of the 3 branches of government?
executive branch- enforces the law judicial branch- interprets the law legislative branch- writes the law
What effect does federalism have on the power of federal, state, and local governments?
power is divided between these governments but the federal government always remains superior
What is an example of a power reserved for only the federal government?
only the federal government can coin money, regulate the mail, declare war, or conduct foreign affairs
What is an example of a power reserved for only state governments?
creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local government.
What is an example of a “shared power?”
the power to tax, build roads, and create lower courts.
How does the system of checks and balances work?
The system provides each branch with individual powers to check other branches from abusing/ getting too much power
What is the purpose of the system of checks and balances?
to prevent one branch of government from gaining too much power or having too much control
Give an example of how the system of checks and balances is used.
-congress can make laws, president can veto them, congress can override veto
-congress can make laws but courts can declare them unconstitutional
-president can nominate federal officials but congress can confirm/reject nominations
What is rule of law?
the principle that the law applies to everyone, even those who govern.
How is rule of law violated by certain groups or people?
groups that enforce law may not follow them themselves
cops that give out tickets may not obey traffic laws
Popular sovereignty
A belief that ultimate power resides in the people.
By what action do citizens show ‘popular sovereignty?’
voting
Which amendments make up the Bill of Rights?
The first 10 amendments
5 parts of the 5th Amendment
Indictment by grand jury
Double Jeopardy
Be a witness against himself
Due process of the Law
Eminent Domain - Just Compensation
1st Amendment
Freedom of expression-speech, religion, press, assembly
2nd Amendment
Right to bear arms & well regulated militia
3rd Amendment
Right to privacy in home; no quartering soldiers
4th Amendment
Right to privacy- protection from search and seizure
6th Amendment
right to a speedy and public trial by an impartial jury in the district where the crime was committed, be informed of the crime, have witness in their favor and be informed of those who aren’t, an attorney
7th Amendment
right to impartial jury in civil trials
8th Amendment
no excessive bail/fines or cruel or unusual punishment
9th Amendment
citizens are entitled to rights not listed in the constitution
10th Amendment
the powers not delegated to federal gov are reserved to the states or the people
how due process can be violated
if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental
ex:Exclusion of osteopaths in hospitals. A court might find that a rule, however fairly and uniformly applied, violates substantive due process. This would be an expression of the court's belief that the exclusion of osteopaths would not serve to enhance the quality of the medical care in the hospital.
What is the purpose of the Bill of Rights?
to guarantee civil rights and liberties to US citizens
What is a precedent?
An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
Who must follow precedents once they are set?
Judges
Who sets the most important precedents?
supreme courts and federal appellate courts
What is case law?
law that comes from decisions made by judges in previous cases (aka common law/case precedent)
What is a binding precedent?
a ruling that other courts must follow
How does an attorney use ‘persuasive authority’ to help their case?
refers to a case from another state to try and help their argument
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Flashcard