The American Legal System

the minimum acceptable standard of conduct in a society

law

a system of principles and rules organized by society to control human conduct, avoiding conflict between individuals and between government

law

disputes between private parties, legal rights and duties

civil law

government brings an action to punish an individual for an act or omission

-crime: violation of specific law

criminal law

what are the 4 main sources of law

1. constitutional

2. statutory

3. case

4. administrative

the U.S. Constitution and bill of rights are under what source of law

constitutional

who makes the final decision on interpretation and enforcement

the supreme court

can the state grant greater rights AND take away constitutional rights

NO

laws created by congress and state legislatures are known as

statutes

where are the federal statutes

in the united states code by topic or titles

involves decisions made by courts that create legal precedent

case law

to stand by a decision

stare decisis

courts are bound to abide by decisions made previously by courts of equal or higher power which provides consistency

stare decisis

OT practice act in MS

statutory law

federal right to privacy

case law

OT regulations in MS

administrative law

t/f the mississippi legislature has delegated the roles of enforcement and management of laws related to the practice of occupational therapy to the mississippi department of health

true

t/f the scope of practice law for occupational therapists is identical in all 50 states

false

the power or authority to interpret or administer the law

jurisdiction

states have ________ jursidiction and federal courts have __________ jurisdiction

broad, limited

t/f with jurisdiction, you will face repercussions regardless of whether you knew the act or omission was illegal

true

what is the job of the appellate court

to look for mistakes of law

factual cases are determined by a ________ not an appeals court

jury

3 sections under due process

fundamental fairness, substantive due process, and procedural due process

-everyone should be treated the same under the law

-everyone should have the opportunity to challenge actions against them

fundamental fairness

focuses on whether a legal action or legislation is fair

substantive due process

a person must:

-be informed of the action against them

-be given the opportunity to respond

-make their case

procedural due process

in a civil case, the person accused of a wrong is called a

defendant

in civil case the victim of wrongdoing is called a

plantiff

in a criminal case, actions are brought against a ___________ for violating criminal law

defendant

in a criminal case, it is brought by society which is represented by a ___________

prosecutor

in a civil case, is the burden of proof higher or lower

lower

"preponderance of evidence" is a standard of proof for a criminal or civil case

civil

"beyond a reasonable doubt" is a standard proof for a civil or criminal case

criminal

is the burden of proof for a criminal case higher or loewr

higher

in a civil case, if the plaintiff wins, the ___________ is found liable

defendent

as far as terms for culpability, in a criminal case, a defendant is found

innocent or guilty

the purden of proof in most criminal trials must be proven by

the prosecutor for the state

what is the burden of proof in all criminal trials

beyond a reasonable doubt

gross negligence or recklessness

criminal negligence

minor offense punishable by less than a year of jail or fines less than $1,000

misdemenor

serious offense punishable by prison for more than one year

felony

intentional criminal conduct that violates standards of moral decency

moral turpitude

what amendment is this

-protection from search and seizure without warrant

fourth

what amendment is this

-requirement of due process, protection from self incrimination and double jeapordy

5th

what amendment is this

-right to a lawyer, a speedy trial and to have a jury of one's peers

6th

what amendment is this

-right not to be subjected to curel and unusual punishment before trial

8th amendment

a judge or grand jury must decide if there is enough probable cause for the suspect to be tried

indictment

after indictment, a suspect must go before a judge for formal charges and enter a plea

arraignment

what are the two types of crime

violent and nonviolent