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CRJ175
America's Courts - David W. Neubauer
66
Law
Undergraduate 3
03/26/2008

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Cards

Term
Crime Control Model
Definition
Unless crime is controlled, the rights of law-abiding citizens will not be protected, and the security of society will be diminished.
Term
Due Process Model
Definition
Its advocates are concerned about lawbreaking..however they believe that granting too much leeway to law enforcement officials will only result in the loss of freedom and civil liberties for all Americans.
Term
Criminal Justice System
Definition
The numerous public agencies involved in implementing public policy conerning crime
Term
Law
Definition
As a body of rules encated by public officials in a legitimate manner and backed by the force of the state
Term
Anglo-American Law
Definition
Legal system with its origins to England
Term
Common Law
Definition
General law; law common to the entire land
Term
Judge-made law
Definition
Judges performed the task of organizing social relationships through law
Term
Stare decisis
Definition
precedent
Term
Constitution
Definition
The first document that establishes the underlying principles and general laws of a nation or state
Term
Statutes
Definition
Laws enacted by federal and state legislatures
Term
Municipal ordinance
Definition
Statuatory law enacted by a local unit of government
Term
Administrative regulations
Definition
Legislative bodies delegate rule-making authority to agencies, boards, bureas, comissions, and departments
Term
Substantive law
Definition
legal obligations; tort, contract, and domestic relations, murder robbery and burglary
Term
Procedural Law
Definition
Methods of enforcing legal obligations; trials, lawsuits
Term
Adversary system
Definition
Burden is on the prosecutor to prove the defendant guilty beyond a reasonable doubt
Term
Preponderance of the evidence
Definition
slight majority of the evidence for one side or the other
Term
Beyond a reasonable doubt
Definition
Jury must be fully satisfied that the person is guilty; does not mean 100 percent convinced
Term
Due process of law
Definition
A person should always be given notice of any charges brought against him or her, that a person should be provived a reasl change to present his or her side in a legal dispute, and that no law or government procedure shoudl be arbitrary
Term
Bill of Rights
Definition
First 10 amendments
Term
incorporation
Definition
Bill of rights applicible to states as well as federal
Term
Civil law
Definition
Private party disputes
Term
Remedy
Definition
What individuals, groups or governemnts want from the other party
Term
Judgement
Definition
A court's official decision about rights and claims
Term
Plantiff
Definition
Person who starts a lawsuit
Term
Defendant
Definition
Person whom a lawsuit is brought
Term
Monetary damages
Definition
sums of money a court orders paid
Term
Declaratory judgement
Definition
a judicial determination of the legal rights of the parties
Term
Injunction
Definition
a court order that requires a person to take an action or to refrain from taking an action
Term
Criminal law
Definition
actions that are considered so dangerous, or potentially so, that they threaten the welfare of society as a whole
Term
Misdemeanor
Definition
crime punishable by a fine and less than a year in jail
Term
Felony
Definition
over one year in state prison
Term
Corpus delicti
Definition
body of the crime; elements of a crime
Term
Actus reus
Definition
guilty act
Term
Mens reus
Definition
guilty intent
Term
Fusion of guilty act and guilty intent
Definition
criminal law requires that both must occur together
Term
Attendant (accompanying) circumstances
Definition
the presence or absence; causation
Term
Legal defenses
Definition
absence of responsbility for actions; justification for actions
Term
Jurisdiction
Definition
Power of a court to decide a dispute
Term
Original Jurisdiction
Definition
a court has the authority to try a case and decide it
Term
Apellate jurisdiction
Definition
The power to review cases that have already been decided by another court
Term
Dual court system
Definition
one national court system plus separate court systems in each of the 50 states
Term
Magistrate judges
Definition
federal equivilent of trial court judges of limited jurisdiction
Term
Article III
Definition
a breif and sketchy outline of a federal judiciary
Term
Court of Appeals
Definition
The intermediate appellate courts of the federal system
Term
Supreme Court
Definition
highest court in the nation comprised of nine justices
Term
Writ of certiorari
Definition
an order to the lower court to send the case records so that the Supreme Court can determine whether the law has been correctly applied
Term
Constitutional Courts
Definition
Judicial bodies established by Congress Under Article III
Term
Article I
Definition
legislative courts; appointed for a specific term of office
Term
Clerk of the Court
Definition
responsible for docketing cases, collecting fees, overseeing jury selection, and maintaining court records
Term
Courtroom workgroup
Definition
Network of ongoing relationships among the courthouse actors
Term
Legal ethics
Definition
to the study and analysis of what consitutesto good or bad conduct, professional conduct
Term
assembly line justice
Definition
defendants being treated as objects rather than individuals
Term
Discretion
Definition
authority to make decisions without references to specific rules or facts
Term
local prosecutors
Definition
responsible for the preliminary stages of felony cases as they are processed in the lower courts
Term
officer of the court
Definition
he or she has a duty to see that justice is done
Term
Procecutor
Definition
public official who represents the state in a criminal action
Term
U.S attorney general
Definition
head of the Department of Justice
Term
Solicitor general
Definition
third ranking official in the Justice department, represent the executive branch before the Supreme Court
Term
U.S attorneys
Definition
federal prosecutors who represent the federal government
Term
State attorney general
Definition
state's chief law enforcement official
Term
Sixth Amendment
Definition
right to counsel
Term
Pro se
Definition
His or own behalf
Term
Indigents
Definition
defendants who are too poor to pay a lawyer and therefore are entitled to a lawyer for free
Term
Assigned counsel systems
Definition
the appointment by the court of private attorneys from a list of available attorneys
Term
Contract system
Definition
involves bidding by private attorneys to represent all criinal defenants found indigents during the term of the contract
Term
Privileged communication
Definition
law protecting forced disclosure without client consent
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