Law and Justice Unit 1 Content Check

The Study of law

clear, consistent, fair, enforceable

1. protect basic human rights

2. promote fairness

3. help resolve conflicts

4. promote order and stability

5. promote desirable social & economic behavior

6. represent the will of the majority

7. protect the rights of the minority

rights that are believed to belong justifiably to every person

An international document that states basic rights and fundamental freedoms to which all human beings are entitled.

values can overlap, differ based on region/religion/race/age/etc, and change over time; leads to conflict with laws

Refers not only to the breaking of the law, but also to causing harm to people and/or society as a whole

ex:theft, substance abuse, sex offenders

The system of law concerned with private relations between members of a community

ex:alimony, child custody, divorce

Let the decision stand; decisions are based on precedents from previous cases

laws carried out by executive agencies (gov or organization related) and can be handled outside of the court room

ex:unemployment, food stamps, workers compensation

law based on precedents and customs (not necessarily written)

ex: trial by jury, privacy law is decided by court, when person becomes custody of police is decided by court

a written law passed by a legislative body

a law or regulation made by a city or town government

Building and zoning regulations, pet restrictions, snow removal

License requirements

the militia act of 1862

the idea that certain restrictions should be placed on government to protect the natural rights of citizens

they wanted to make sure that each branch of government was balanced so that no one part of government could dominate the other

Checks and balances

executive branch- enforces the law judicial branch- interprets the law legislative branch- writes the law

power is divided between these governments but the federal government always remains superior

only the federal government can coin money, regulate the mail, declare war, or conduct foreign affairs

creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local government.

the power to tax, build roads, and create lower courts.

The system provides each branch with individual powers to check other branches from abusing/ getting too much power

to prevent one branch of government from gaining too much power or having too much control

-congress can make laws, president can veto them, congress can override veto

-congress can make laws but courts can declare them unconstitutional

-president can nominate federal officials but congress can confirm/reject nominations

the principle that the law applies to everyone, even those who govern.

• groups that enforce law may not follow them themselves

  • cops that give out tickets may not obey traffic laws

A belief that ultimate power resides in the people.

voting

The first 10 amendments

1. Indictment by grand jury

2. Double Jeopardy

3. Be a witness against himself

4. Due process of the Law

5. Eminent Domain - Just Compensation

Freedom of expression-speech, religion, press, assembly

Right to bear arms & well regulated militia

Right to privacy in home; no quartering soldiers

Right to privacy- protection from search and seizure

right to a speedy and public trial by an impartial jury in the district where the crime was committed, be informed of the crime, have witness in their favor and be informed of those who aren’t, an attorney

right to impartial jury in civil trials

no excessive bail/fines or cruel or unusual punishment

citizens are entitled to rights not listed in the constitution

the powers not delegated to federal gov are reserved to the states or the people

if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental

ex:Exclusion of osteopaths in hospitals. A court might find that a rule, however fairly and uniformly applied, violates substantive due process. This would be an expression of the court's belief that the exclusion of osteopaths would not serve to enhance the quality of the medical care in the hospital.

to guarantee civil rights and liberties to US citizens

An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Judges

supreme courts and federal appellate courts

law that comes from decisions made by judges in previous cases (aka common law/case precedent)

a ruling that other courts must follow

refers to a case from another state to try and help their argument