Premium Essay

Constitutional Law and Criminal Law

In: Business and Management

Submitted By Muddy
Words 2852
Pages 12
Chapter 5

The U.S. Constitution sets the framework for the U.S. government, establishing a system of government that divides power between the federal government and the states
It establishes a system of government based on the principle of federalism, where power is divided between a central authority and constituent political units
The 10th Amendment to the Constitution states that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states
Federal legislation that affects business must be based on an expressed unconditional grant of authority
The Constitution also allocates power of the federal government among three branches of government
First three articles of the Constitution establish the legislative, executive, and judicial branches; they’re independent branches of the federal government
Constitution ensures that each branch maintains a separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control
Constitution also establishes a system of checks and balances
Each branch’s powers keep the other branches from dominating the government
Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law
Judicial law is the power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent, to determine whether they are constitutional
Established in 1803 U.S. Supreme Court case Marbury v. Madison
Also allows courts to review constitutionality of lower courts’ decisions
Supremacy clause, located in Article VI of Constitution, provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land...

Similar Documents

Premium Essay

Leg 320 Week 1 Quiz – Strayer New

...http://budapp.net/LEG-320-Week-1-Quiz-Strayer-442.htm CHAPTER 1 CRIMINAL LAW: PURPOSES, SCOPE, AND SOURCES MULTIPLE CHOICE 1. An example of private law is a. criminal law b. criminal procedure c. divorce d. Constitutional law 2. The law of criminal procedure deals with a. the law followed in the investigation and processing of a crime b. the definition of crimes c. contractual issues d. torts 3. The substantive criminal law a. defines the standards of conduct for protection of the community b. is an important branch of private law c. is no longer followed in the U.S. d. defines the steps followed in processing a criminal case 4. A person might commit a crime for any of the following reasons except? a. fear of arrest and punishment b. insufficient moral or ethical restraints c. peer pressure d. opportunity combined with capacity and skill 5. A tort is a. a public wrong against society b. a civil wrong done to a person or her property c. a crime d. always a moral wrong 6. If a person intentionally damages a building owned by another person, this action a. is a crime, but not a tort b. is a tort, but not a crime c. is neither a tort nor a crime d. is both a tort and a crime 7. The Latin maxim nulla poena sine lege means a. no law without punishment b. no punishment without a moral wrong c. no punishment without law d. no law without morality 8. Which of the following......

Words: 1371 - Pages: 6

Free Essay

Juu German Law

...German Law system Public Law * Public law rules the relations between a citizen or private person and an official entity or between two official entities, e.g. a law which determines taxes * Public law was formerly based on the so-called "superiority inferiority relationship", means that a public authority may define what is to be done, without the approval of the citizen. * E.g., if the authority orders a citizen to pay taxes, the citizen has to pay, even without an agreement. * In return, the authority has to abide by the law and may only order, if empowered by a law. * The newer theory to determine, whether a regulation is public or civil law, is the modified theory of subjects: if at least one of the subjects is part of the state or is legally empowered to act on behalf of any part of the state. Constitutional law * The constitution is called the Grundgesetz (Basic Law) because the drafters saw this legal part as a provisional document, to be replaced by the constitution of a future united Germany. * In reaction to National Socialism, the basic law shows mistrust towards its own people and its own government and was created as a reaction to the problems of the Weimar Constitution. * The constitutional law (Verfassungsrecht) deals mostly with Germany’s constitution and the rights and duties of the various institutions. * A major part are the Civil rights which are first in the basic law (Grundgesetz) and from which......

Words: 1929 - Pages: 8

Premium Essay

Guj Sylabus

...SEMESTER 1 (MONSOON) PER WEEK CORE COURSE 101 SUBJECTS Law of Tort including MV Accident And Consumer Protection Laws Criminal Law Paper – I (General Principles of Penal Law) Criminal Law Paper – II (Specific Offences) Law of Contract Special Contract Constitutional History of India Use of Law Journals and Legal Software LECTURES 4 OTHERS 1 TOTAL 5 CREDITS (SEM)29 5 CORE COURSE 102 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATION 106 F SOFT SKILL 107 K 4 4 4 4 1 1 1 1 1 1 1 1 5 5 5 5 2 2 5 5 5 5 2 2 1 Semester – I Monsoon Semester CORE COURSE 101 : LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS Objectives of the course : With rapid industrialization, tort action came to used against manufacturers and industrial unit for products injurious to human beings. Presently the emphasis is on extending the principles not only to acts, which are harmful, but also to failure to comply with standards that are continuously changing due to advancement in science and technology. Product liability is now assuming a new dimension in developed economics. In modern era of consumer concern of goods and services, the law of torts has an added significance with this forage into the emerging law of consumer protection. It operates in disputes relating to the quality of goods supplied and services rendered and in those areas relating to damage suffered by consumers. The law relating to consumer protection, lying scattered in......

Words: 6024 - Pages: 25

Free Essay

Administrative Organs in Kazakhstan

...Administrative organs in Kazakhstan. Table of Contents 1.  Introduction 2. Legal System of Kazakhstan 2.1. Constitution of the Republic of Kazakhstan 2.2. Constitutional Laws 2.3. Codes 2.4. Other Normative Acts 3. State Order in the Republic of Kazakhstan 3.1. Presidency 3.2. Parliament 3.3. Government 3.4. Constitutional Council 3.5. Judicial Authority 3.6. Local Public Administration and Self-Administration   1. Introduction The Republic of Kazakhstan is a transcontinental country located in Central Asia and Eastern Europe. The territory covers 2, 7 million square kilometers and country is ranked as the 9th largest territory in the world. It is neighbored clockwise from the north by Russia, China, Kyrgyzstan, Uzbekistan, Turkmenistan and also borders on a significant part of the Caspian Sea. The population is approximately 17 million people, including Kazakh, Russian, Uyghur, Ukrainian, Uzbek, and Tatar. Approximately 63% of the population consists of Kazakhs. The capital city was Almaty up until 1997, when it was changed to Astana.   The official state language is Kazakh. In state institutions and local self-governing bodies, Russian language is used on equal grounds with the Kazakh language.   According to the 2009 census, 70.2% of the population is Sunni Muslims, followed by 20.6% Orthodox Christians, 0.1% Buddhists, 0.2% others (mostly Jews), and 2.8% non-believers.   The Kazakh khanate was formed in the 15th century and had 3 tribal......

Words: 3625 - Pages: 15

Premium Essay

Criminal Law in Ireland

...[pic]Maynooth University Department of Law Declaration on Plagiarism I hereby certify that this material, which I now submit for assessment on the programme of study leading to the award of Law and Business, is entirely my own work and has not been taken from the work of others save and to the extent that such work has been cited and acknowledged within the text of my work. Student Name: Nicoletta Hodyas Student Number: 13383056 Date: 20/04/2015 Student Signature: Nicoletta Hodyas Assignment title: ‘A majority of the Group is of the view that the current exclusionary rule is too strictly calibrated, and would wish to see a situation develop where the court would have a discretion to admit the evidence or not, having regard to the totality of the circumstances and in particular the rights of the victim’ (Balance in the Criminal Law Review Group, 2007: 161). Word count without bibliography: 1997. Introduction. This essay will analyze the exclusionary rule, focusing on its development mainly in Irish law. It will examine the development of the rule providing the arguments for an urgent change and analyze the Gardaí improvements in accountability. Finally, it focuses on the most recent Supreme Court decision in DPP v. JC [1], which overturned decision in People (DPP) v. Kenny[2]. Exclusionary rule allows evidence that was obtained through deliberate and conscious breach of accused’s constitutional rights to be excluded in the case, unless extraordinary circumstances......

Words: 2462 - Pages: 10

Free Essay

Supreme Court

...trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states do not tend to have singular highest courts. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia; this is because decisions by the High Court could formerly be appealed to the Privy Council. In a few places, the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, which is superseded by the New York Court of Appeals, and the former Supreme Court of Judicature of England and Wales. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court, and supreme courts for each member state, with the former having jurisdiction over the latter only to the extent that the federal constitution extends federal law over state law. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts, headed by a supreme administrative court as it the case in the Netherlands. A number of jurisdictions also follow the "Austrian" model of a separate constitutional court . Within the British Empire, the highest court within a colony was often...

Words: 4621 - Pages: 19

Free Essay

Miss

...Creative analysis on the basis of question - can be dissenting opinion as long as based on facts - 4 to 5 questions, answer all - TIME MANAGEMENT, answer according to marks - topic-centric focus on exams - can argue from two different angles, but WRITE FROM THE POSITION/PERSPECTIVE REQUIRED - OPEN BOOK - bigger topics on diplomatic immunity, human rights situations, sanctions, mixed situations --> CREATIVE ANSWERS Modern Foreign Relations Law and Diplomacy SAMPLE EXAM Question 1 20 points Mr. and Mrs. Egleen Wasterdeen, the ambassador of Westland in Eastland and his wife, hire Happy Face, Inc. to cater their daughter’s wedding reception. Emily, their daughter, is getting married to the older son of ambassador Turgis Maturgis of Northland, Macklem. The costs are estimated at approximately CHF 150,000, and ambassador Wasterdeen signs the estimate, with the handwritten addendum: “If it is a little more, that’s fine.” Some 250 guests attend the reception at a lovely resort by a lake in Eastland’s lake district, 80% of them members of the diplomatic corps. Ambassador Wasterdeen uses the opportunity for a lot of talks with his colleagues, including preliminary negotiations on a trade agreement with Northland. After the event, Happy Face, Inc. presents ambassador Wasterdeed with a bill totaling CHF 189,000. The cover letter states that “consumption of alcoholic beverages has exceeded estimates, and several expensive pieces of china have been damaged.” Ambassador Wasterdeen calls......

Words: 1549 - Pages: 7

Premium Essay

Legal System in France

...in France France uses a civil law system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). The Conseil d'État sits in the Palais Royal Many fundamental principles of French Law were laid in the Napoleonic Codes. Basic principles of the rule of law were laid in the Napoleonic Code: laws can only address the future and not the past (ex post facto laws are prohibited); to be applicable, laws must have been officially published. In agreement with the principles of the Declaration of the Rights of Man and of the Citizen, the general rule is that of freedom, and law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, said about what should be the rule in French law: “Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality”. That is, law may lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy. France does not recognize religious law, nor does it recognize religious beliefs as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being......

Words: 1788 - Pages: 8

Premium Essay

Criminal Justice System

...The Criminal Justice System 2 Abstract This analysis explores the different types of tactics used by the police to control drug problems in different types of drug markets. Overall, the police appear to informally categorize drug-dealing places and to use these cursory site assessments to tailor their drug control tactics. By contrast, the police combine traditional investigation, and prosecution with interactive sources such as the District Attorney, Defense counsel, Judges; both Federal, state and Local. Statistically significant differences in their involvement are found in the investigation in the original stages, as measured by the number of calls services, pre arrest and post arrest. A defense attorney must act as an officer of the court, respecting the need for truth and truth-seeking within the confines of the adversary system and as an active participant of a system that places justice as a core value. Many criminal cases - and almost all civil ones - are heard by a judge sitting without a jury. The judge is the "trier of fact," deciding whether the evidence is credible and which witnesses are telling the truth. Keywords: Police Officer, involvement, investigation, criminal cases, pre/post arrest Criminal Justice System 3 Criminal justice is defined as the system of practices and institutions of......

Words: 1213 - Pages: 5

Premium Essay

Historical Policy Comparison

...Historical Policy Comparison Criminal justice policy over the past 50 has evolved. The key issues of criminal justice policies were gangs, drugs, juvenile, root causes of crime, and gun control. Currently, the key issues are terrorism, illegal immigration, and global organized crime. Traditionally, criminal justice policies were issued by state and local governments. However, the federal government plays an important role in implementation of criminal justice policy. The federal government provides grants to local and state governments to support these criminal justice policies. Criminal justice agencies at the local and state level have to enforce these policies made by federal and state officials. Nevertheless, the local and state governments still bear much of the responsibility. States operate law enforcement agencies, correctional systems, criminal courts system, whereas cities operate the local police departments. Within the past 50 years, criminal justice policies have affected the criminal justice system. The “war on drug” policy has poured billions of dollars into the criminal justice system, although drug-related violence and drugs remain a problem. The criminal justice policies have gone from drugs polices to sentencing policies and currently to globalization policies. Currently, the criminal justice policies go beyond the United States boarders, which it did not at first. Globalization policies force a global cooperation among criminal justice systems around the......

Words: 3069 - Pages: 13

Free Essay

English Essays

...1986: October 7, 8, 9, 10; 1988: January 28. Present: Dickson C.J. and Beetz, Estey, McIntyre, Lamer, Wilson and La Forest JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO Constitutional law -- Charter of Rights -- Life, liberty and security of the person -- Fundamental justice -- Abortion -- Criminal Code prohibiting abortion except where life or health of woman endangered -- Whether or not abortion provisions infringe right to life, liberty and security of the person -- If so, whether or not such infringement in accord with fundamental justice -- Whether or not impugned legislation reasonable and demonstrably justified in a free and democratic society -- Canadian Charter of Rights and Freedoms, ss. 1, 7 -- Criminal Code, R.S.C. 1970, c. C-34, s. 251. Constitutional law -- Jurisdiction -- Superior court powers and inter-delegation -- Whether or not therapeutic abortion committees exercising s. 96 court functions -- Whether or not abortion provisions improperly delegate criminal law powers -- Constitution Act, 1867, ss. 91(27), 96. Constitutional law -- Charter of Rights -- Whether or not Attorney General's right of appeal constitutional -- Costs -- Whether or not prohibition on costs constitutional -- Criminal Code, R.S.C. 1970, c. C-34, ss. 605, 610(3). Criminal law -- Abortion -- Criminal Code prohibiting abortion and procuring of abortion except where life or health of woman endangered -- Whether or not abortion provisions ultra vires Parliament -- Whether or......

Words: 3625 - Pages: 15

Premium Essay

Exclusionary Rule

...designed to sustain that any evidence that was obtained illegally by government officials is a violation of a defendant's constitutional rights and cannot be used against the defendant in a court of law. The reader will be informed of the rationale and purpose of the exclusionary rule and identify exceptions to the rule. It will also analyze the costs and benefits as well as alternative remedies to the exclusionary rule. Exclusionary Rule Evaluation In the 18th century the exclusionary rule under common law did not allow coerced confessions of defendants to be admitted in trial courts. It did not protect defendants from evidence that government officials seized during illegal searches from trials. Weeks v. United States (1914) held that the exclusionary rule was a part of the Fourth Amendment, and any illegally seized evidence cannot be used against the defendant. The decision made the exclusionary rule a constitutional requirement, but it did not bind states. Incorporating the rule to the state level was initiated in 1961 by way of the opinion of Mapp v. Ohio. The Fourth Amendment Exclusionary Rule became binding to the states under the Due Process Clause, which protects civilians from the denial of life, liberty, or property (Zalman, 2011). The primary goal of the Exclusionary Rule was to combat police misconduct that violates constitutional rights, which possibly could lead to civil and federal lawsuits against police and municipalities for ongoing wrong. ......

Words: 977 - Pages: 4

Premium Essay

Criminal Justice

...Crime victims rights Advocates for victims' rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims' Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims' rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights. [PUBLICATION ABSTRACT] Advocates for victims' rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims' Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims' rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights. [PUBLICATION ABSTRACT] You have requested "on-the-fly" machine translation of selected content from our databases. This functionality is provided solely for your convenience and is in no way intended to replace human translation. Show full disclaimer Neither ProQuest nor its licensors make any representations or warranties with respect to the translations. The translations are automatically generated "AS IS" and "AS AVAILABLE" and are not retained in our systems. PROQUEST AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES,......

Words: 5571 - Pages: 23

Premium Essay

Attorneys

...outcomes from court will be dealt with. All cases that will be heard attorneys of all kind will be needed. Criminal attorneys handle cases that consist of an individual or company that are charges with breaking the law and Civil attorneys handle cases that consist of disagreements of contracts, property, child custody, divorce, and personal and property damages. Criminal lawyers defend a person or company that is charges with breaking the law. Criminal lawyers deal with the issues surrounding the arrest, a criminal investigation, criminal charges, sentencing, appeals and post-trial issues. Criminal lawyers may also help a person before charges have been filed by a prosecuting attorney. A person may hire a defense attorney to help with counsel and representation dealing with the police or other investigators and perform their own investigation, Should there be a violation of a person’s Constitutional right, such as unlawful search and seizure; a defense attorney is used to prepare for a trial. A defense attorney helps with any proposed settlement agreements between the client and prosecutor. A lawyer who specializes in civil law is known as a civil lawyer. Civil law has many fields including business laws, corporate laws, intellectual property laws, family laws, personal injury laws, probate laws, real estate laws, tax laws, etc. Civil law is a branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the......

Words: 407 - Pages: 2

Free Essay

The Exclusionary Rule

...prevent police abuse? Is this debate now largely symbolic? Please discuss. The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. However, in some circumstances at least, the exclusionary rule may also be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."(Calabresi, 2003) The exclusionary rule is grounded in the Fourth Amendment and it is intended to “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”(U.S. Const.) The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment in the Bill of Rights......

Words: 490 - Pages: 2