Six Principles of the Rule of Law
Our conduct is subject to written laws that everyone knows and that everyone is subject to.
What is accountability to the law?
These are laws found directly in the U.S. Constitution or state constitutions. They are the highest form of law.
What is Constitutional law?
What is civil law?
Police respond to a crime report with an investigation, sometimes with this.
What is a search warrant?
In a civil case, this is first filed by one side against another.
What is a complaint?
Our "due process" rights.
What is fair procedures?
What is statutory law?
This concerns crimes. The government charges the accused of committing a crime.
If a suspect is detained, an informal hearing decides if there was this of a crime.
What is probable cause?
When a court reaches a decision, such as to punish someone accused of a crime, the decision must be this.
What is decisions based on the law?
American citizens are subject to these three laws.
What is federal, state, and local laws?
This concerns the U.S. Constitution or a state constitution.
What is constitutional law?
If there is probable cause, the suspect is this (when charges are read).
What is arraigned? What is arraignment?
What is examination and cross-examination?
Proceedings should be open and in public.
What is transparency?
These are laws based on customs and judicial precedents.
What is common law?
This concerns the armed forces. Stricter rules apply in military courts. "Martial law" is enforced by a "court martial".
What is military law?
This is set: if paid, the person is released until trial. If not, he or she stays in jail awaiting trial.
This is if/ when one side is not satisfied with the decision.
What is an appeal?
The law should be applied to everyone in the same way.
What is consistent application of the law?
These are laws based on court decisions in prior cases.
What is case law?
This concerns minors. Juvenile courts take into account the younger age of minors accused of committing crimes.
What is juvenile law?
During the trial, the police present their evidence. Lawyers from each side questions witnesses. This is on the district attorney.
What is the "burden of proof"?
This is when the judge tells the jury what law to apply to the case. The role of the jury is to decide on facts based on the evidence.
What are jury instructions?