Unit 5 Law and You Laws are often created to ensure the rights and protections of individuals.

Unit 5 Law and You Laws are often created to ensure the rights and protections of

individuals.

TermsDue Process – A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property

Equal Protection – the right of all persons to have the same access to the law and courts, and to be treated equally by the law and courts

Private Property – land or belongings owned by a person or group and kept for their exclusive use.

Rule of Law – influence and authority of law within society

Criminal law defines public wrongs and punishments.

Civil law relates to human conduct and disputes between “parties”.

5. Constitutional law is found in the Constitution.

The federal government has the power to coin money, and to regulate its value.

2. Administrative law is made by the executive branch.

These are usually regulations made by the Executive Departments (EPA, FDA, CDC, …)

• 1. Statutory law is made by the legislative branch.– Act of Congress, – NC statute, – Clemmons ordinance

3. Common law is made by the judicial branch. This law is written in the majority opinions of the

judges/justices.

International law – law that it is primarily applicable to countries rather than to private citizen

Habeas Corpus – a judicial mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining them.

Presumption of Innocence – In the United States Court of law, an individual is presumed innocent until proven guilty.

Burden of Proof. – A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact.

Trial by Jury – A legal preceding in which a jury makes a decision on the case. Innocence, guilty, or hung jury.

Right to Counsel – a defendant has a right to have the assistance of counsel (i.e., lawyers)

Self-Incrimination – Implicating oneself in a crime or exposing oneself to criminal charges.

Double Jeopardy – A second prosecution for the same offense after acquittal or conviction or multiple punishments for same offense

Appeals Process – a process someone would take for requesting a formal change to an official decision in the court of law.

Plea Bargaining – an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.

Adversarial System – a system where there are two opposing sides in a court room, both trying to convince the judge or jury they are correct.