1. Unit 5 Law and You Laws are often created to ensure the rights and protections of individuals. Sets up a limited government The people have power The government loses power

2. Terms – protect individual rights Due 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

3. Private Property – land or belongings owned by a person or group and kept for their exclusive use. ( important in a free market economy and protected by the 4 th amendment) Rule of Law – influence and authority of law within society applies to everyone equally. No one is above the law. The people have the same power as government leaders.

4. Criminal law defines public wrongs and punishments. (prosecutor/district attorney vs defense attorney and defendant) Civil law relates to human conduct and disputes between “parties”. (Plaintiff vs defendant)

5.  5. Constitutional law is found in the Constitution.  The federal government has the power to coin money, and to regulate its value.  Habeas corpus Law that defines and limits the power of government.

6.  2. Administrative law is made by the executive branch. The goal is supposed to be to protect the people. (social contract!)  These are usually regulations made by the Executive Departments (EPA, FDA, CDC, …)

7. 1. Statutory law is made by the legislative branch. – Act of Congress, a bill to a law – NC statute, – Clemmons ordinance – (notice different levels of govt, – Different powers=federalism) Laws and statutes and ordinances protect the people, competition

8.  3. Common law is made by the judicial branch.  This law is written in the majority opinions of the judges/justices. Each opinion affects or changes a precedent. The opinion might involve judicial review. The goal of common/case law is to uphold the constitution, not to include personal opinions.

9. International law – law that involves two or more countries rather than private citizens.

10. Habeas Corpus – a constitutional mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining him/her. Is there a body of evidence? Protects individuals against government.

11. Presumption of Innocence – In the United States Court of law, an individual is presumed innocent until proven guilty. Gives power to the defendant and takes power away from government Burden of Proof. – A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact.

12. Trial by Jury – A legal preceding in which a jury makes a decision on the case. Not guilty, guilty, or hung jury. (citizens, not the government determine guilty or not guilty) Right to Counsel – a defendant has a right to have the assistance of counsel (i.e., lawyers) No Self-Incrimination – Implicating oneself in a crime or exposing oneself to criminal charges is illegal. A defendant may plead the 5 th. Government cannot force me to testify against myself. The defendant has power.

13. Double Jeopardy – A second prosecution for the same offense after acquittal or conviction or multiple punishments for same offense (5 th Amendment, protects the individual against government) Appeals Process – a process someone would take for requesting a formal change to an official decision in the court of law. A defendant may request an Appeals Court to review a case to determine if issues of law/due process was followed.

14. 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 (usually a lesser punishment) from the prosecutor. This saves money for the taxpayer. 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. The defense attorney vs the prosecutor/district attorney.

15. The goal of laws and the court system is to protect persons (part of the social contract) and to protect individuals from an abusive government. The laws protect individual Natural Rights (life, liberty, pursuit of happiness) and civil rights (religion, assembly, press, petition, speech, bear arms, private property, etc, the Bill of Rights).