Sources and Types of Laws
This type of law deals with disputes between individuals or organizations, such as contracts or property disagreements.
What is Civil Law?
This principle means laws apply to everyone, including government officials, and no one is “above the law.”
What is the Rule of Law?
One major job of the judicial branch is to do this with laws—figure out what they mean and how to apply them.
What is interpret laws?
In a criminal jury trial, the jury’s main job is to decide this.
What is the verdict (guilty or not guilty)?
This 1803 case established judicial review, letting courts declare laws unconstitutional.
What is Marbury v. Madison?
This type of law involves crimes and punishments, and is used to protect public safety and order.
What is Criminal Law?
Under the rule of law, laws should be written so most people can do this—otherwise people can’t realistically follow them.
What is understand them?
These courts hear cases for the first time and decide facts using evidence and witnesses.
What are trial courts?
What is a settlement?
This 1963 case said states must provide a lawyer to defendants who can’t afford one (right to counsel).
What is Gideon v. Wainwright?
This source of law develops from judges using earlier rulings as guides for new decisions, creating precedent.
What is Common Law/Case Law
This type of law is unfair because it punishes someone for an act that was legal when it was done.
What is an ex post facto law?
These courts review lower-court decisions mainly to look for legal errors, not to re-try the facts.
What are appellate (appeals) courts?
During the jury selection process, a voir dire process is used to ensure that members of the jury are this, meaning they haven't already taken a side.
What is impartial?
This 1966 case required police to inform suspects of their rights before questioning.
What is Miranda v. Arizona?
This idea says some rights and rules of justice exist because we’re human—society doesn’t “invent” them.
What is Natural Law?
A law that declares someone guilty without a trial is called this abuse of power.
What is a bill of attainder?
Police need this official order from a judge before searching someone’s home in most situations.
What is a search warrant?
If a jury cannot agree on a verdict, the judge declares this outcome, meaning no final decision was reached.
What is a mistrial?
This 1967 case said juveniles have due process protections, like the right to know charges and have an attorney, just like adults do.
What is In re Gault?
Name the early written law code created around 1760 B.C.E. that included punishments many people today view as cruel.
What is Hammurabi's Code?
Prisoners in the U.S. have the right to ask for this, a court order to bring them before a judge and hear the charges against them.
What is a writ of Habeas Corpus?
In criminal cases, the burden is on the prosecution to prove that the defendant is guilty ________ ___ __________ _________. (4 words) This means there could be no other possible explanation.
What is beyond a reasonable doubt?
In a civil trial, unlike most felony criminal trials, the jury does not have to be this in their decision, in order to find responsibility.
*Hint: EVERYONE
What is unanimous?
This 1974 case reinforced the rule of law by limiting presidential power and rejecting an unlimited claim of executive privilege.
What is the United States v. Nixon?