Civics: Chapter 15 - Questions

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