Quiz #1 Review
What is the doctrine requiring lower courts to adhere to existing case law in making decisions?
Stare decisis
Is the principle of fairness and the ideal of moral equity.
Justice
The practice of negotiating with a defendant and his attorney concerning the terms of a guilty plea is called....
Plea bargaining
The power of a court to decide a case is called....
Jurisdiction
The document that sets forth the framework of a government and its relationship to the people it governs.
The Constitution
Are a group of laws that set forth how rights and responsibilities can be legally exercised and enforced through the legal system.
Procedural Law
Is a conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction.
CRIME
A right guaranteed by the 4th, 5th, 6th and 14th amendments of the U.S. Constitution is called....
Due Process. Due process is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly. Due process applies to both civil and criminal matters.
The law enacted by the state legislature or federal legislatures is called...
Statute.
Let's say you are driving on a highway where the posted speed limit is 55 miles per hour. However, you are in a rush, so you decide to go 70 miles per hour. A police officer pulls you over, and you are given a citation for violating the speed limit. You have broken a vehicle and traffic law. This law is established by legislature as a statute, or a law that is formally written and enacted. As a result, the law you broke was a statutory law.
A criminal offense committed against a person, property, or society that is motivated in whole or in part, by the offenders bias against race, religion, disability, sexual orientation, or ethnicity is called....
A hate crime.
are enforceable rules of conduct in a society.
Laws
The rights guaranteed to all members of American society by the U.S. Constitution are called....
Individual Rights
The hearing at which the defendant is notified of the charges against him or her; usually occurs shortly after arrest is called....
Arraignment or preliminary arraignment.
The laws made when an appellate court endorses a rule to be used in deciding court cases are called....
Case Law.
The term case law refers to law that comes from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” provides a common contextual background for certain legal concepts, and how they are applied in certain types of case.
The group of laws that allows individuals to seek legal remedies for wrongs done to them are called...
Civil Law
The proof that it is more likely than not that an offense took place and that the defendant committed it is called.....
Probable cause
The legislative enactment by a city is called...
Ordinance
You have the right to remain silent, anything you say can be used against you in court, you have the right to an attorney, if you cannot afford an attorney one will be provided for you at no cost - This is called ....
Miranda Warnings
The collection of standards of conduct and moral judgement forming the basis for a reasoned, impartial decision as to what is right or wrong is called....
Ethics...
The laws grouped into an organized form are called....
Code.
Code is a collection of laws, rules or regulations that are systematically arranged. Code is not only a compilation of already existing statutes, but also of the unwritten law on any subject composed of materials available from all sources.
The laws based on the customs of a group of people are called...
Common Law
The group of laws defining and setting punishments for offenses against society are called...
Criminal Law
An open, peaceful violation of a law to protest to alleged injustice is called....
Civil Disobedience
The unlawful killing of a human being is called....
Murder
The law dictated from above is called
Positive Law. The term "positive law" connotes statutes, and laws that has been enacted by a duly authorized legislature. Example: the speed that individuals are allowed to drive on the highway and the age that individuals can legally purchase alcohol.