writ of habeas corpus
bill of attainder
due process of law
What are three basic legal rights of all citizens?
anyone arrested must be brought to court and explained why they are being held
What does writ of habeas corpus mean
prohibits a person accused of a crime to be punished without a trial or fair hearing in court
What does bill ot attainder mean
the government may not take our lives, liberty or property except according to the proper exercise of the law
What does due process mean
they have probably cause - a good reason to believe that a wanted person is hiding in that place or goods or evidence are there
What must police show a judge in order to obtain a search warrant?
to have a speedy and public trial by an impartial jury - this ensures you have a fair trial and not found guilty without evidence
Which of the rights guaranteed to people accused of a crime do you think is the most important? Explain.
be fair
treat all people equally
reasonable
understandable by ordinary people
Identify four characteristics of effective laws.
common law - law based on court decision rather than on a legal code
How did English law influence the development of American law?
common law is based on court decisions and statute law is laws from legislature
How is common law different from statute law?
criminal, civil, pubic, international
Name four types of laws.
you are bit by a neighbors dog
I fall on ice a neighbor didn't clear from their sidewalk
a painter takes my money and doesn't do the agreed work
Give at least two reasons a person might file a lawsuit.
murder
rape
robbery
Give two examples of a felony.
stealing
vandalism
writing bad check for small amounts
Give two examples of misdemeanor.
you refuse to answer questions that may incriminate you.
What does "taking the Fifth" mean?
grand has 12-23 citizens to determine if go to trial; petit jury has upto 12 members that determine verdict in trial
How do grand juries and petit juries differ?
John Adams
Government of laws not of men
according to established and dependable rules rather than the changeable and prejudiced feelings of officials
How should government operate
a set of rules that allow people to live peacefully in society
Laws
to keep the peace and prevent violent acts
Major purpose of laws
Laws
____ also set rules for civil disputes disagreements over money, property, contracts, and other noncriminal matters.
Fair, equally
Laws must be ___ and must treat people ___ to be fully effective.
Code of Hammurabi (1760 b.c)
From ancient Babylonia
Ten commandments old testament
From Hebrews
Jurisprudence
science or study of law
Canon law
church law
Common law
law based on court decisions; precedents
Roman and canon
Common law is a blend of
Included basic principles of citizen's rights & Became basis of legal system in the colonies
common law
Criminal Law
Laws that seek to prevent people from deliberately or recklessly harming each other or other's property
Adversary
This type of law creates ____ system of justice
lawyers for opposing sides try to present their strongest cases
In criminal law, courtroom serves as arena in which __________
impartial
Judge has ___ role and should be fair to both sides
Plaintiff
party that brings the charges against the alleged criminal; always the government in criminal cases
Defendant
individual or group being sued or on trial
Civil law
cases involve disputes between people or groups of people in which no criminal laws have been broken
viewed as a threat to social order
civil laws are not _____
Lawsuit
a legal action in which a person or group sues to collect damages for some harm that is done
Violations of contracts, Plagiarism
Examples of Civil Law
Tort law
negligence
Family law
Divorce, Child Custody, Alimony, Child Support, Spouse and child abuse
Public law (constitutional law)
involves rights guaranteed under the Constitution or spelled out in congressional legislation.
Administrative law
includes all the rules and regulations that government agencies of the executive branch must issue to carry out their jobs.
International Law
comprise of treaties, customs, and agreements among nations.
World Court
What court is International law held