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Legal Book 1 Chapter 2
Book 1 Chapter 2
42
Law
Not Applicable
03/30/2009

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Term
Constitutional Law
Definition
Defines the form of government we as Americans have established for ourselves; the constitution defines our representational government and it's 3 branch structure(executive,legislative,and judicial).
Term
Name the types of Laws that govern us in America
Definition
1.)Constitutional Law
2.)Statuary Law
3.)Criminal Law
4.)Case Law
5.) Civil Law
Term
Statutory Law
Definition
Written Laws enacted by Congress, State Legislatures, or local Governing Authorities in response to a need to clarify the function of government. Statutory Laws include Civil,criminal, administrative, and regulatory Law
Term
Criminal Law
Definition
within Statutory Law, some provisions define unacceptable behaviors and government prosecution of those who commit them, and must clearly describe the unacceptable behavior and set a punishment for it.
Term
Case Law
Definition
Body of law formed by the decisions of the court system (judicial branch) These court imposed decisions are based on the courts interpretation of Constitutional provisions, and they clarify the meaning of a statute of rule as applied to a specific set of facts.
Term
Civil Law
Definition
Legal action a person takes to resolve a private dispute with another person. in a civil lawsuit the person filing must have a recognized cause.
Term
Bill of Rights
Definition
Amendments in the constitution.
Term
First Amendment
Definition
Freedom of religion, Speech, press,peaceably assemble
Term
Second Amendment
Definition
Right to Bear Arms
Term
Third Amendment
Definition
Freedom form quartering soldiers
Term
Fourth Amendment
Definition
Unreasonable Search and Seizure (right to Privacy) warrant.
Term
Fifth Amendment
Definition
double jeopardy,self incrimination, taking of private property,Miranda warning, Due process
Term
Six Amendment
Definition
Speedy,public,and impartial trial by jury, assistance of counsel,confrontation of adverse witnesses
Term
Seventh Amendment
Definition
Jury trial in civil cases
Term
Eighth Amendment
Definition
Protects from Excessive Bail, fines, and cruel and unusual punishment
Term
Offense
Definition
Acts that are punishable under Florida Law
Term
Criminal Offense
Definition
Punishable by incarceration and classified either as a felony or misdemeanor
Term
Felony
Definition
a crime committed which the maximum penalty is death or incarceration in a state correctional facility for one year or more.
Term
Life Felony
Definition
40 Years to life, 15,000 fine, or both
Term
1st Degree felony
Definition
30 years and in some cases life, $10,000 fine, or both
Term
2ND Degree felony
Definition
15 Years imprisonment, 10,000 fine, or both.
Term
3rd Degree Felony
Definition
5 years imprisonment,$5,000 fine or both
Term
Misdemeanor
Definition
Any Criminal offense with a maximum incarceration penalty in a county jail up to one year.
Term
1st Degree misdemeanor
Definition
Imprisonment in a county correctional facility for up to 1 year, 1,000 fine of both
Term
2ND degree Misdemeanor
Definition
imprisonment of up to 60 days, $500.00 fine, or both.
Term
Noncriminal violation
Definition
an offense which penalty my be a fine... (traffic ticket)
Term
municipal/county ordinance violation
Definition
Civil penalty up to $400.00 possible jail for up to 60 days
Term
Search
Definition
occurs when the government intrudes into a place where a person has a reasonable expectation of privacy
Term
Seizure
Definition
occurs when the government affects a person's rights to have or control his or her property, usually by taking it
Term
Search Warrant
Definition
Court order that authorizes LEOs to conduct a search or seizure
Term
Exclusionary Rule
Definition
the supreme court has ruled that evidence obtained by the government is in violation of the court and cannont be used as evidence.
Term
Good Faith Doctrine
Definition
it applies to an officer's actions in conducting search pursuant to a search warrant. if officers execute a search warrant they believe to be valid and the court later determines the warrant had a legal error, any seized evidence may still be admitted
Term
arrest warrant
Definition
a court order authorizing LE to take the individual into custody to answer for the charges specified on the warrant
Term
Fresh Pursuit
Definition
A legal doctrine that permits a LEO to make an arrest of a fleeing suspect who crosses judicial lines.
Term
Intent
Definition
purposely doing what the law declares to be a crime
Term
What are the four categories of intent
Definition
Criminal and culpable negligence, general, specific, and transferred.
Term
Criminal Negligence
Definition
liability that occurs when a person breaches a duty to conform to a particular standard of conduct with other.
Term
Culpable negligence
Definition
consciously doing an act or following a course of conduct that a person must have known or reasonable should have know was likely to cause death or great bodily injury.
Term
General Intent
Definition
defines most criminal offenses, which require some forbidden act by the offender. to qualify an act the offenders body movement must be volutary. EXP: resisiting an LEO with violence
Term
Specific intent
Definition
requires more then reasonable expectation of the result. it designates a special mental element of intention to cause a particular result, which is required over and above any mental state required for the offender to commit and act.
Term
Transferred Intent
Definition
it is a person when an intentional act harms an unintended second victim unintentionally.
Term
Transferred Intent
Definition
it is a person when an intentional act harms an unintended second victim unintentionally.
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