Law and Justice Unit 1 Content Check

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Jurisprudence

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?

1. protect basic human rights
2. promote fairness
3. help resolve conflicts
4. promote order and stability
5. promote desirable social & economic behavior
6. represent the will of the majority
7. 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

1. Indictment by grand jury
2. Double Jeopardy
3. Be a witness against himself
4. Due process of the Law
5. 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