Spea v184 - Study guides, Class notes & Summaries

Criminal Law - Focuses on the laws that govern the citizens and are enforced by the state. Civil Law - Focuses on interactions between citizens (and corporations) Criminal Law characteristics - 1) The state brings the case, not the victim. 2) The defendant is the accused person. 3) The burden of proof has to be beyond a reasonable doubt. Civil Law characteristics -1) The plaintiff brings the case 2) The defendant is the party responding to the filing. 3) The burden of proof is by a preponde...

Magna Carta (1215) - Established idea of limited gov't, required king to consult nobles, this idea morphed into parliament Petition of Right (1628) - Gave commoners rights such as... 1. No taxes without parliament consent 2. No subject may be imprisoned without cause 3. No soldiers quartered upon citizenry 4. Martial law is not used in time of peace English Bill of Rights (1689) - Freedom of speech in parliament and free elections to parliament English Common Law - Law that is derived f...

1.) Who brings an indictment - Correct Answer a. A grand jury 2.) The eighth amendment prohibits what type of punishment - Correct Answer a. Cruel and unusual 3.) What is a Miranda warning? - Correct Answer a. An explanation of rights that must be given before any custodial interrogation 4.) When is a Miranda warning supposed to be given? - Correct Answer a. When the suspect/person is in custody 5.) (T/F) A defendant may be sued in both civil and criminal court for the same a...

Criminal Law - Correct Answer Focuses on the laws that govern the citizens and are enforced by the state. Civil Law - Correct Answer Focuses on interactions between citizens (and corporations) Criminal Law characteristics - Correct Answer 1) The state brings the case, not the victim. 2) The defendant is the accused person. 3) The burden of proof has to be beyond a reasonable doubt. Civil Law characteristics - Correct Answer 1) The plaintiff brings the case 2) The defendant is th...

|clear and present danger test - Correct Answer -law should not punish speech unless there was a clear and present danger of producing harmful actions -"the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree." imminent lawless action test (Brandenburg) - Correct...