Shared Flashcard Set

Details

Criminal and Civil Law
n/a
29
History
9th Grade
05/20/2009

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Cards

Term
The six sources of American Law
Definition
1- Code of Hammurabi- first known system of law-eye for an eye justice
2- Ten Commandments- moral rules
3- Justinian Code- rules of the Romans
4- English Law- most important source of American law
5- Common law- system of law based on precedent and customs
6- Declaration of Independence/Constitution
Term
What is civil law
Definition
non criminal actions,divorce, child custody hearings, etc.
Term
Lawsuit
Definition
(legal action in which a person/group sues to collect damages for some harm that is done)
Term
Plaintiff
Definition
one who makes the complaint
Term
Defendant
Definition
one who defends themselves
Term
Tort
Definition
wrongful acts for which an injured party has the right to sue
Term
Criminal law
Definition
types of crimes
Term
misdemeanors
Definition
less serious crime for which the penalty is often a fine
Term
Felony
Definition
is a serious crime for which the penalty can be imprisonment for more than one year
Term
What is a jury?
name the 3 different types
Definition
group of unbiased peers who decide guilt
• Grand jury-decides if there is enough evidence to bring charges or indict (16 -23 citizens)
• Petit jury-trial jury (12 citizens)
• Hung jury- jury cannot agree on a verdict
Term
Prosecutor
Definition
brings the charges and has burden of proof
Term
Defense Attorney
Definition
gov’ts attorney
Term
4 different punishments
Definition
• Restitution- payment for damages done
• Rehabilitation-ultimate goal of the juvenile court system
• Probation-granted for lesser crimes
• Jail time
Term
Constitutional Law
Definition
laws referring to the constitution
Term
Administrative Law
Definition
all the rules and regulations that gov’t agencies of the executive branch must issue to carry out their jobs
Term
Statutory Law
Definition
a law written by a legislature branch of gov’t
Term
International Law
Definition
Comprises treaties, customs and agreements among nations
Term
Crime again people
Definition
• Assault – placing someone in fear without actual physical contact
• Battery – if physical contact occurs
• Homicide – killing someone
• Murder – killing that is intentional & the killer had no legal recognized excuse
• Manslaughter – killing someone that happens by accident/in a fit of anger
Term
Crimes against property
Definition
• Larceny- taking anything of value that belongs to another person without violence
• Robbery- taking something from someone by force /with the threat of violence
• Burglary- breaking into a building planning to do something illegal
Term
White–Collar Crime
Definition
• Fraud- taking someone’s property/$ by cheating/lying
• Embezzlement- stealing money that has been entrusted to your care
Term
Victimless Crimes
Definition
acts that primarily hurt the people who commit them
Term
Crimes against the Government
Definition
treason- is the betrayal of one’s country by helping its enemies or by making war against it
Term
Probable cause
Definition
a good reason to believe that a suspect has been involved in a crime
Term
Warrant
Definition
legal paper, issued by a court, giving police permission to make an arrest, seizure, or search
Term
Preliminary hearing
Definition
defendant may enter a plea of guilty, not guilty, or a plea of “no contest”
Term
Bail
Definition
$ that a defendant gives the court as a kind of promise that they will return for the trial
Term
Indictment
Definition
a formal charge against the accused
Term
Arraignment
Definition
court hearing in which the defendant is formally charged with a crime and enters a plea
Term
Plea bargaining
Definition
agreeing to plead guilty in exchange for a lesser charge or a lighter sentence
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