45 Cards in this Set
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Common Law
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the body of law developed from custom or judicial decisions in english and U.S. courts
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Due Process Clause
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the government cannot deprive a person of life, liberty, or property without due process of law
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Bill of Rights
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prohibit the federal government from infringing on individual freedoms
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Supreme law of the land
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· =Conflict between federal and state law, federal wins
· Federal government decided that states regulate at all
o State are prohibited of passing legislation in certain areas
§ Ex. Nuclear regulatory commission, federal aviation
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Federal Statutes
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..
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Burden of Proof
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· must be proof presented beyond a reasonable doubt
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Writ of Certiorari
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an order to the lower court to send to the Supreme Court the record of the case
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Stare decisis
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When courts rely on precedent (old cases)
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Substantive Law
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Laws that define what we can and cannot do
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Procedural Law
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Law that establishes the methods of enforcing the rights established by substantive law.
Example: Filing a Claim.
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Public law
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· controls disputes between private individuals or groups and their government
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Private Law
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regulates disputes between private individuals or groups.
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Civil law
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Identifies the remedies available when someone’s rights are violated
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Criminal Law
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regulates incidents in which someone commits an act against the public as a whole
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Exclusive Jurisdiction of the Federal Courts
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o Admiralty cases
o Bankruptcy cases
o Federal criminal prosecutions
o Lawsuits where one state sues another state
o Claims against the US
o Cases involving federal copyrights, patents, or trademarks
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Quasi in rem jurisdiction
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over a defendant’s property unrelated to the plaintiff’s claim
Ex. taking someone's house even though it was not part of the claim
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Subject matter jurisdiction
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the court has authority to hear a certain case
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Commercial speech
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Rights of first amendment extended to business. Free speech. Claims must be truthful, products advertised must be legal and not harmful to consumer.
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Substantive due process
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refers to the basic fairness of laws that may deprive an individual of her life, liberty or property
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Procedural due process
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requires that the government use fair procedure when taking the life, liberty, or property of an individual/corporation
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Commerce Clause
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primary source of authority for federal regulation of business
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state action
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Supreme Court interpretation of the equal protection clause that holds the clause prohibited unfair discriminatory actions by government, not by private individuals
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Criminal Prosecution
Procedure
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-Arrested, Booked
-Arraignment (within 24 hrs), appointed council
-Preliminary hearing (due process, probable cause)
-Grand Jury
-Stands Trial: guilty beyond reasonable doubt
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Intermediate test
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the law is unconstitutional unless substantially related to an important government interest
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Exclusionary rule
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evidence will be excluded that was illegally seized or unlawfully seized
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Actus Reas
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Criminal act
Wrongful act
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Mens Rea
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Criminal Intent
Guilty mind
Purposefully or knowingly committing a wrongful act
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Vicarious liability
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criminal liability imposed on one for the acts of another
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Rational basis test
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the law is constitutional so long that it is reasonably related to a legitimate government interest
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strict scrutiny
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· compelling government reason to pass a law that is incompatible with a person’s rights
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federal pre-emption
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national laws over state laws
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statutes
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Laws in the legislative branch
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5th Amendment
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No person shall be deprived of life, liberty, or property without due process of law. no self incrimination, no double jeapordy(tried for the same crime twice)
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4th amendment
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protects Americans from unlawful searches of home and property
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14th Amendment
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Granted all rights and privileges of citizenship to former slaves and provde equal prtection under the law.
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Plainview Doctrine
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· If contraband (an illegal activity) is in the plain view of a police officer, it can be seized and used as evidence.
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Search and Seizure
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must have warrant
4th amendment
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deadly force
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if you have a reasonable belief of in danger of bodily harm, then you can use whatever force to defend yourself
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Duress
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you were made to do it.
· Defense to the crime
· Physically forces you to commit a crime
· Good except for killing people
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Treaty of Power
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President
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Enumerated Powers
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Listed and defined powers of congress
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To commit a crime, 95% of the time:
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Both Actus Reas and Mens Reu
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Vicarious liability
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Criminal liability imposed on for the acts of another
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Entrapment
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person is induced by law enforcement people to commit a crime
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State Action
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basis for a legal claim for damages against a governmental body for violation of a person's civil rights
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BLS 342: EXAM 1