Law and Government Final Review

What is the Bill of Rights?  What was the purpose of adding it to the Constitution?

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1. ***Lists the freedoms and protections from government power given to all Americans, to* __*limit government’s power*__ *over the people***

What rights are secured by the Sixth Amendment?

1. ***Speedy trial*** 
2. ***Jury***
3. ***Witnesses***
4. ***Counsel (lawyer)***

What is Law, and why do societies have it?

***Laws help prevent people from taking advantage of one another.*** 

How is power divided among the three branches of government under the principle of Separation of Powers?

Separation of Powers

Executive

enforce

Legislative

creates the laws

Judicial

Interpret Laws

How does each of the branches of government prevent another branch from getting too much power?

__***Checks and Balances:***__

***Congress creates a law, federal agency enforces a law, Supreme Court judges constitutionality***

What is Federalism? Give examples of powers

***the* __*division*__ *of power between the states and the federal government***

1. What goes along with rights? Example

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***Responsibility, EXAMPLE- gun control laws, voting.***

Examples of Criminal Cases.

***the branch of law dealing with crimes and their punishment.*** __*who Bring Charges*__*? Prosecutor*

Examples of Civil Cases.

***usually deals with private rights of individuals, groups, or businesses. w***__*ho Bring Charges*__*?* ***Plaintiff***

What is voir dire? 

***The process of choosing jurors, through a series of questions to expose any*** 

* ***What can be some possible problems?***

***potential biases***

* *What are the 2 processes to remove potential Jurors?*

***Peremptory Challenges vs. Removal for Cause***

1. What is the Sixth Amendment?  How is it different then the Seventh Amendment?

* ***Sixth is trial by jury in a criminal trial***
* ***Seventh is a trial by jury in civil trials***

What is the purpose of a jury? Civil and Criminal

* *Civil?*

***Preponderance of evidence***

* *Criminal?*

***Guilty beyond reasonable doubt (UNANIMOUS DECISION)***

Why do we have an Appeals Court?

**An appeals court is created to rectify any error of law, NOT to review the facts of the case.**

1. How is Appeals court different from trial courts?

**Only arguments of by attorneys are presented to a panel of judges.**

* *First Degree?*

***Intent & premeditation***

* *Second Degree?*

***Intent did not exist until the moment of the murder*** 

* *Manslaughter?*

***Intent, with mitigating circumstances, a reason for someone to lose control.***

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Zero Tolerance Law ?

**A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC.**

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Driving While Ability Impaired (DWAI/Alcohol)?

**more than .05 BAC but less than .07 BAC, or other evidence of impairment**

Driving While Intoxicated (DWI)?

**.08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication.**  \n

Aggravated Driving While Intoxicated (Aggravated DWI)?  

.**18 BAC or higher**

Implied Consent Law?

**A driver cannot refuse to take a chemical test, you agreed when you signed for your license.** 

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What is the difference between rape and statutory rape?

***Consent is not an element of statutory rape****.*