(H) US History 1 and Law - Law Unit 1 Quiz Review (Chapter 1 - Chapter 6)

Unit 1 Law: Chapter 1 to Chapter 6

Who is the principal in a crime?

The person who commits the crime

Who is the accomplice in a crime?

The person who helps another commit the crime

What does “an accessory before the fact” mean?

The person who incites the crime or helps plan it, but is not present at the time of the crime

What does “an accessory after the fact” mean?

A person who knows a crime has been committed and helps the person or people (who committed the crime) escape or avoid capture

What does “omission” mean?

When someone fails to act when a crime is happening

Bill

Used to enact new laws, can amend existing laws, repeal old laws

Jurisprudence

Study of law and legal philosophy

Mediation

dispute resolution tactic where a third party listens to the 2 sides (people) in conflict and offers suggestion/helps them reach a decision, does not impose a decision

Negotiation

informal dispute resolution tactic where the 2 parties in conflict communicate to settle a dispute and come to an agreement

Arbitration

dispute resolution tactic where a third party (Arbitrator) makes a decision for the 2 parties in conflict, decision must be followed by all parties, Arbitrator is unbiased and is selected by the people in disagreement

Retainer

A down payment on the total fee the attorney will charge

Plaintiff

Civil case: The person who brings the case to court, initiates legal action, or who feels wronged

Standard proof for a criminal trial

Beyond a reasonable doubt; the prosecution has the burden to prove the defendant’s (person accused for a crime) guilt “beyond a reasonable doubt”, much tougher standard than is used in civil cases

Standard proof for a civil trial

Preponderance of evidence; the plaintiff has the burden to prove the defendant’s guilt “preponderance of evidence”, jury or judge decides if plaintiff’s complaints is more likely true than not

Defendant

The person accused for committing a crime

Criminal laws

Regulate public conduct and set out duties owed to society, more violent, have punishments and convicted offenders are imprisoned, fined, placed under supervision, or punished in some other way

Criminal case

Can only be brought (prosecuted) by the government (or state) against a person charged with committing a crime (defendant)

Criminal divisions

Misdemenors and felonies

Felony

More serious crimes, penalty for felony is a term of more than one year in prison

Misdemeanor

Less serious crimes, penalty for misdemeanor is a term of one year or less in prison

Civil laws

Regulate relations between individuals or groups of individuals, also regulate many everyday situations such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence

Civil case

A civil action; lawsuit brought by a person who feels wronged (plaintiff) or injured by another person (defendant)

Why is law important to society?

Laws/rules and regulations are made and enforced by government to regulate the behavior of people within a society

Separation of Power

Division of power among the 3 branches of government: executive, judicial, and legislative

Checks & Balances

A system to prevent one branch from becoming too powerful and abusing its power, each branch of government has power to restrain other branches

Judicial Review

Type of Checks & Balances: enables a court to void any law passed by Congress or State Legislature that is unconstitutional or conflict’s with US Constitution

Veto Power

Type of Checks & Balances: President’s power to reject approval of any law passed by Congress

Federalism

Division of power between states and federal government (federal gov’s power to make laws are listed in Constitution, remaining power are reserved for the states)

Bill of Rights

First 10 Amendments of Constitution: gives and guarantees fundamental rights of all Americans

Judicial Branch

Courts: interprets law, clarifies and in some instances establishes law through its rulings (rulings may interpret a provision of Constitution, a statutes, or rule issued by an executive agency)

Executive Branch

President & Federal Agencies: enforces law, often issues rules and executive orders that have force of law

Legislative Branch

Congress - Senate & House of Representatives: passes bills into law and makes statutes

Statutes (Legislative)

Laws Congress pass, Federal Statutes deal with issues of National impact: environmental quality, national defense, homeland security, labor relations, veterans affairs, public health, civil rights, economic development, postal services, federal taxes, social security and other benefit programs

Ordinance

Laws local governments pass: local governments pass laws on land use, parking, schools, and regulation of local businesses

What levels of government can make laws?

States and federal government

What is the supremacy clause and why is it important?

States that the Constitution is the most important law for the US, we have to follow the Constitution and what it says

Supremacy Clause

“The Constitution and the Laws of the United States… shall be the supreme law or the land.”

What is a bill?

Legislatures and other lawmaking bodies try to respond to the needs of the citizens they represent by introducing legislation in the form of bills

Who can create bills?

Ideas for bills can come from legislators, executive branch, individual citizens, citizen groups, businesses, or lobbyists representing specific interest groups

Once a bill becomes a law, how is the law “regulated and enforced”?

Disputes over what a law means frequently end up in court - regulated through judicial branch: a judge who interprets what the law means is determining legislative intent (intention of law, why it was created), enforcement left up to executive branch

Cite 2 examples of agencies that deal with laws and what they regulate

DEA - Drug Enforcement Administration is to ensure safety and health of American communities & EPA - Environmental Protection Agency make sure laws about environment are followed

Judge’s Role

Administers over trials, has duty of protecting the rights of those involved, makes sure attorneys follows the rules of evidence and trial procedures

Judge’s Role (Non-jury)

Determines the facts of the case and renders a judgment

Judge’s Role (Jury)

Instructs jury as to the law involved in the case

Judge’s Role (Criminal)

In most states, judges sentence individuals convicted of committing crimes

Jury’s Role

Not every case requires one, but if a jury trial is requested, a jury is selected and appointed with the task of listening to the evidence, determining the facts and applying the law in a particular case

Lawyer’s Role (Out-of-court)

Most rarely go to court, those do not instead give advice, drafting legal opinions, negotiating settlements, or otherwise providing out-of-court legal assistance

Lawyer’s Role (Civil)

Act as advocates for their clients’ positions

Lawyer’s Role (Criminal)

Lawyer for the defendant has a duty to do everything possible, without violating a code of professional ethics, to secure the release of his or her client

Stare Decisis

Legal doctrine that requires courts to follow historical cases when making a ruling on a similar case, ensures that cases with similar situations and facts are approached in the same way

Plea Bargain

A pre-trial agreement between the prosecutor and the defendant and their lawyer, disposes of the case without a trial

Voir Dire

After they are selected, jurors are assigned to specific cases after being screened through a process known as voir dire examination. In this process, opposing lawyers question each prospective juror to discover any prejudices or biased opinions concerning the case 

Petitions for Certiorari

A petition that asks an appellate court to grant a writ of certiorari. This type of petition usually argues that a lower court has incorrectly decided an important question of law, and that the mistake should be fixed to prevent confusion in similar cases.

3 Possible Opinions in an Appeal Court

Affirm the decision of the trial court, reverse the decision to the trial court, or remand the case to the trial court

Affirming the decision

Decision made still stands or works

Reversing the decision

A new trial may be ordered

Remanding the case

Case is sent back to the trial court for the trial court to fix decision or re-decide