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created nature of man
intellect(reasoning to attain truth) and volition(power to
choose good or evill)
personal ethics
How we treat eachother.
social ethic
How we apply ethical standards to our associations.
civic orginization
Family, business, church, unions, bowling league
political organization
Republic, representative democracy
commutative type of justice
the duty of fairness in exchange
distributive type of justice
what the community owes its members
principle of participation
the development of the person is only brought about through social interaction
principle of common good
every aspect of social life must be related to attaining its fullest meaning
historical jurisprudence school
laws evolve over time and reflect the collective experience and values of a community
realist school of law
the law is shaped by human behavior and societal realties, like racism
Positivist jurisprudence school
the law is what the person in charge says it is
Natural jurisprudence school
human-made laws must reflect the justice inherent in human beings, these can be discovered through reason
eternal law
the laws of the universe that are set by God, foundation for all other kinds of law
divine law
explicit commands of God, lkke love thy neighbor
natural law
baisc rules that are built in for humans. Like how we know its good to help others
human law
laws created by human political entities
federalist 51
the structure of a government must have proper check and balances between different departments
US legislature structure
bicameral
federalism power divided horizontally
judicial, executive branch, legislative
Federalism power divided vertically
federal, state, people
what gives the power
state gives power to federal
procedural due process
How a things is done must be fair, requires notice and hearing
Substantive due process
what is done must be fair, when government affects your right
4th amendment
ensures privacy and limits government power in relation to individuals' personal spaces and belongings.
14th ammendment
applies due process to states, protection of the law
rational relations
basic test for 14th amendment equal protection
heightened scrutiny
used in sex discrimination cases, for 14th amendment equal protections
strict scrutiny
test used in cases involving highly protected classes such as race or color, 14th Amendment equal protection
privileges and immunites
Protects citizens of one state when engaging in business, owning property, etc. in a different state
commerce clause
gives Congress the power to regulate trade and economic activities between states, with foreign nations
bill of rights
first ten amendments to the U.S. Constitution, protecting individual freedoms and rights.
affectation doctrine
legal principle that allows Congress to regulate activities that, while local, have a significant impact on interstate commerce.
amendment 1
protects the freedoms of speech, press, religion, assembly, and petition.
amendment 2
protects the right of the people to keep and bear arms.
amendment 3
prohibits the forced quartering of soldiers in private homes during peacetime without the owner's consent.
amendment 4
protects against unreasonable searches and seizures and sets requirements for warrants.
curtilage
area surrounding a home that is closely associated with it, such as a yard or garden, which is considered part of the home for legal purposes. It is protected from unreasonable searches under the Fourth Amendment.
amendment 5
Protects against self-incrimination, double jeopardy, and guarantees due process and compensation for private property taken for public use.
amendment 6
Guarantees the right to a speedy and public trial, an impartial jury, the right to be informed of charges, the right to confront witnesses, and the right to counsel.
amendment 7
Provides the right to a jury trial in civil cases involving claims over a certain amount of money.
amendment 8
Prohibits excessive bail, excessive fines, and cruel and unusual punishment.
amendment 9
States that the listing of certain rights in the Constitution does not deny other rights retained by the people.
amendment 10
Reserves powers not delegated to the federal government nor prohibited to the states, to the states or the people.
enumerated type of right
articulated by name on the bill of rights
penumberal
not named, but considered to exist under the shade of other rights
mens rea
mental act
actus rea
physical act
mala in se
evil in itself
mala prohibita
bad because its prohibited
Murder
The unlawful killing of another person with malice aforethought.
manslaughter
Unintentional killing without malice, often due to recklessness or provocation.
robbery
Taking property from another through force, intimidation, or threats.
burglary
Unlawfully entering a building with the intent to commit a crime, usually theft
larceny
The unlawful taking and carrying away of someone else's property with intent to permanently deprive them of it.
arson
The deliberate setting of fire to property, often causing damage or danger.
conspiracy
agreement between people to commit a crime or unlawful act
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