Constitutional Law and the Criminal Justice System Ch 2 Study Guide
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Basic purpose of the American Legal system
is to ensure fairness in balancing individual and societal rights and needs, while preventing excessive government power.
Vocab: stare decisis
- a common law doctrine requiring that precedent set in one case shall be followed in all cases having the same or similar circumstances, thus ensuring consistency in the law;
- latin for "let the decision stand"
rules with the power of the government behind them.
Vocab: Codified law (statutory law)
law specifically set forth in organized, structured codes such as the u.s. criminal code, state statutes or local ordinances
Vocab: Statutory law (Codified law)
Law set forth by the legislatures or governing bodies having jurisdiction to make such law
to make law through a legal process
Civil wrong by one individual against another, with the remedy most often being either an order by the court for particular action or compensation
what is the Difference between a tort and a Crime?
- Torts - are civil laws that deal with wrongs against Individuals,
- Crime - are criminal laws that deal with wrongs against society
having an actual interest in the matter of dispute.
Exists when the issues that gave rise to a case have either been resolved or have otherwise disappeared.
a court can use the mootness doctrine to avoid considering controversial constitutional issues
Vocab: Common Law
Early english judge-made law based on custom and tradition; a legal system that, as in the US decides present cases on past decisions
Vocab: Adversarial judicial system
a legal system which places one party against another to resolve a legal issue. stipulating that only in an actual conflict will a judicial body hear the case
Describe the purpose of the Constitution being written in relatively simple terms?
because it applies to every criminal justice practitioner, each is expected to understand Constitutional rights and to apply them in any number of situations
what does the scales of justice symbolize in law?
they Represent keeping individual and societal needs in balance
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