NYPD ACADEMY LAW Chapter 1
Law - answer Rules formulated by the government
Justice - answer Application of Law
Social Contract - answer The surrender of freedom in exchange for protection by society
Types of Law - answer English Common Law, Constitution, Statutes, Court Decision
English Common Law - answer The traditional legal notions or precedents that guided judges in subsequent cases.
Constitution - answer Fundamental written law of the United States
Statutes - answer State Law
Court Decision - answer Interpretation of the Constitution and statutes
Criminal Law (Offense) - answer Wrong doing against society + Action is initiated by the state (District Attorney)
Civil Law (Tort) - answer Wrong doing against the individual + Action is initiated by the person who has been wrong
Four Type of Legal Standard of Proof - answer Probable Cause, Preponderance of Evidence, Clear & Convincing Evidence, Beyond a reasonable doubt
Probable Cause - Police - answer (Warrants and Arrest) This is also referred to as reasonable cause to believe or reasonable grounds to believe and is the standard that must exist before law enforcement officials can lawfully deprive a person of freedom by arresting them in order to bring the person before the appropriate court to answer criminal charges.
Preponderance of Evidence - Civil Court - answer (Tipping the scale to 51%) This level of proof is attained when the evidence presented is more convincing than the evidence offered against it. Essentially, it is where the scales tip, however slightly, in favor of one party. This standard is used in two separate settings. It is the level of proof that a defendant must meet in a criminal trial when raising an affirmative defense, such as entrapment or mental disease or defect Clear and Convincing Evidence - Traffic Court - answer (Highly probable) This level is attained when there is a reasonable certainty of the truth of the ultimate fact in controversy, where the truth of the facts asserted is highly probable. It requires more than a preponderance of the evidence, but less than proof beyond a reasonable doubt. This is the standard used in administrative trials and hearings that rule on matters such as traffic infractions and parking violations.
Beyond a Reasonable Doubt - Trial Court - answer In criminal cases, the prosecution
must prove every element of a crime beyond a reasonable doubt. This standard is the highest known in law and constitutionally required because, as one court concluded, "a society that values the...freedom of every individual should not condemn a man for commission of a crime when there is reasonable doubt about his guilt." Reasonable doubt exists when a jury lacks an unwavering belief, to a moral certainty, to the truth of the charge.
Offence - answer Any conduct that can be impose with jail time or fine
Two Types of Offense - answer Crime and Petty Offenses
Crime - answer Felony or Misdemeanor
Felony - answer 1 year (365 Days) to Life in Prison
Misdemeanor - answer 16 days to 1 year (365 days) in Jail
Petty Offenses - answer Violation, Traffic Offenses
Violation - answer Fine and or 1-15 Days in Jail, Can be search for a warrant, if there's a warrant, the individual can be arrested
Traffic Infraction - answer Any violation of vehicle and traffic laws or rules which is not a felony, and which usually requires only a fine to be paid
Difference between Prison and Jail - answer Prison is Year to life and Jail is less than a year
US Constitution - answer 7 Articles and 27 Amendments
Bill of Rights - answer The first 10 Amendments
Article 1 - answer Establish the Legislative Branch- Make the Law
Article 2 - answer Establish the Executive Branch- Enforce the Law
Article 3 - answer Establish the Judicial Branch- Interpret the Law
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