Gov Test 4/29/11

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Author:
AirJordan613
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82354
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Gov Test 4/29/11
Updated:
2011-04-27 21:51:03
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Gov Test
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Gov Test
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  1. Common Law
    • o Judges use earlier decisions as precedents as a
    • basis for rulings

    o Used in 49 states and our federal government
  2. Habeas Corpus
    • o A prisoner must be brought before a court to be
    • determined if he or she is being held legally
  3. Statutory Law
    o Written law created by a legislature

    o Often used for clarification

    o Can be easily changed
  4. Case Law
    • o Reported cases that, taken together, form
    • precedents upon which later judicial decisions will be based

    o Used to interpret the Constitution

    o “Case by Case…”
  5. Administrative Law
    o From the executive branch

    • o The body of rules and regulations that agencies
    • create to carry out responsibilities

    • § Securities & Exchanges Commission deals with
    • trading on the Stock Market
  6. Plaintiff
    • o Believes a wrongdoing has been committed by
    • another party (defendant)

    • o Files
    • the complaint
  7. Defendant
    • o The one
    • being charged with the crime
  8. Subpoena
    o Court orders to produce a witness or document
  9. Interrogatories
    o Sets of questions the opposing side must answer
  10. Miranda v.
    Arizona
    o A suspect must be informed of his/her rights

    o Booked, photographed, fingerprinted
  11. Arraignment
    o Formal charges are given
  12. Indictment
    • o If a grand jury feels there is enough evidence
    • to go to trial, formal written charges are filed
  13. Plea Bargain
    An agreement between the prosecutor and the defendant
  14. Acquittal
    o Not guilty
  15. Mistrial
    • o If the jury is not unanimous/if there is a
    • problem with the trial

    § Trial can go to another jury
  16. Status Offenders
    • o These would not be considered crimes if the
    • juveniles were of legal age
    • § Running away
    • § Truancy
    • § Curfew violations
    • § Drinking violations
  17. Juvenile Offenders
    • o Young people who have committed real crimes
    • (same as those punishable for adults)

    o Some may be tried as adults

    o In some cases, there are informal hearings

    o Records are kept confidential

    • o SOMETIMES a juvenile’s record may be “wiped
    • clean” when they become of age
  18. Functions of Law
    • 1. Solve conflict
    • 2. Protect rights
    • 3. Limit government
    • 4. Promote welfare (safety)
    • 5. Set social goals
    • 6. Control crime
  19. Elements
    of “Good” Laws
    • 1. Just
    • 2. Reasonable
    • 3. Enforceable
    • 4. Understandable
  20. Roots of American Law
    Code of Hammurabi (written 4000 years ago)

    Torah & the Bible are sources of law codes

    • Romans:
    • § Developed an organized legal system in 450 BC
    • (Justinian Code)

    • British:
    • § Common Law: Judges use earlier
    • decisions as precedents as a basis for rulings
    • Used in 49 states and our federal government

    • Magna Carta:
    • § Royalty must also follow the law
    • § Trial by jury
    • § Habeas Corpus: A prisoner must be
    • brought before a court to be determined if he or she is being held legally

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