Procedure - MP1 Test

Law

A rule that can affect any aspect of the lives of the people.

Social values

Values that affect laws that focus on society, like anti-discrimination or education laws. They promote justice, freedom, respect, community, and responsibility.

Basic human rights

Indisputable privileges that a person has because they are a human being. These include the right to life and freedom from slavery.

Separation of powers

The division of powers between multiple people or groups of people so one doesn’t become too powerful. We can see in the legislative, judicial, and executive branches in the United States government.

statutes

Written laws enacted by legislatures that can be looked up in databases or books. An example of this includes traffic violations and the minimum drinking age.

Moral values

Values behind laws that prevent actions that are morally wrong. For example, these are laws that prevent murder are moral laws.

Political values

Values that affect laws that benefit politics. An example of this is laws that prioritize the right to vote or that limit the campaign budget of those running for office.

Economic values

Values that affect laws that benefit the economy. An example of this are laws that affect the gaining and distributing wealth.

How can acts be legal but immoral?

Acts can be legal but immoral when they hurt people in a way that is emotional but not illegal. Some examples of this are cheating on your partner or breaking a promise. In some countries, it is immoral to drink or dance but it is not illegal.

How can acts be immoral but legal?

Acts can be illegal but moral when they don’t hurt or put anyone at risk but are illegal. An example of this could be a homeless person stealing necessities like baby formula or food.

Criminal cases

These cases require that there is beyond a reasonable doubt (>90% proof). This includes DNA, audio recordings, and video recordings. the evidence cannot be countered by the other side.

Civil cases

In these cases, you need at least preponderance of evidence (>50%), which requires the plaintiff to prove that it a crime is more likely than not.

US Constitution

The rights in this document protect the rights of the people in the United States

Universial Declaration of Human Rights

The rights in this document protect the basic human rights of people all over the world

Supremacy Clause

Says that the Constitution and federal laws are prioritized over any conflicting rules given by the state. An example of this is the legal drinking age.

Checks and Balances

A system where two or more groups check each other's actions to make sure that one group doesn't gain too much power

Federalism

The seperation of power between the states and federal government

contingency fee

A fee that is payable only if the outcome of a case is successful

Retainer

a fee charged to retain the services of a lawyer. It is noramally hourly

Criminal law

A system of laws that focuses on crimes and the punishments of people who commit crimes. An example of this is a law that sets the minimum number of years someone can be imprisoned for arson.

Code of Hammurabi

A collection of 282 laws that created legal standards and set punishments for if the laws were broken

Civil Action

A non-criminal lawsuit that enforces a right or undoes a wrong. An example of this would be a lawsuit for discrimination or medical malpractice.

Defendant

The person whom a legal claim is being made against

Plaintiff

a person who brings an action into a court of law

Preponderance of Evidence

The standard of proof used in a civil suit. It proves that something is more likely than not

Beyond a Reasonable Doubt

the level of proof that’s needed to convict someone of a criminal crime. There doesn’t need to be 100% certainty, but there can’t be reasonable doubt.

Prosecutor

A government official who represents the state and works to bring the defendant to justice.

judicial review

The process that courts use to decide whether a law passed by congress or the state legislature is constitutional or unconstitutional.

Absolute certainty

100% sure that a person committed a crime - it cannot be disproved.

Reasonable supicion

The "common-sense conclusion" that a crime is being committed. It is a hunch. If an officer has this, they may frisk or detain the suspect briefly. They are not able to search the person unless it occurs on school property.

Probable cause

This is one step above reasonable suspicion and it is when it is obvious a crime is being committed. This is enough for a search or arrest warrant, and even an arrest.

Basic principles of law

Everyone, including the government and government officials are accountable under the law.

Ten comandments/12 tables of Rome

Early examples of laws

Legal advertisements

Advertisements of legal services provided by a lawyer or law firm. They can be limited bt the state.

Civil law

A system of laws that focuses on the relationships between people and things.

Gideon v Wainwright

The significe of this case was the Supreme Court ruled that the Constitution required states to provide defense attorneys to criminal defendants who could not provide a lawyer for themselves.

Legal malpractice

The term for negligence, breach of fiduciary duty, or breach of cotnract by a lawyer that causes harm to the client.

Due process of law

Fair treatment under the law to everyone

Binding

A legal agreement that cannot be broken

Bill of rights

The first 10 Amendments of the Constitution. They include the basic rights of the people, including freedom of speech, press, religion, assemply, and petition.

Ombudspersons

An official who investigates complaints against businesses, public entities, or government officials.

Informal talk

A conversation between two people that is casual and has no one else present. It is not legally binding.

Negotation

A more formal but not legally binding conversation between two parties.

Mediation

a negotiation to resolve an issue that includes an impartial third party

Abitration

A legally binding method for settling disputes that involves multiple additional parties creating a legal contract

Court action

A legally binding way of settling a dispute that requires going to court

Settlement

An agreement that ends a disupte