Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
46 Cards in this Set
- Front
- Back
Hammurabi's Code
include characteristics |
First written code of law
-Many harsh penalties -laws and penalties say something about the time |
|
Roman made a science of the law called BLANK
|
Jurisprudence
|
|
Jurisprudence means
|
the study of law
|
|
Napoleonic Code
|
French emperor Napoleon Bonaparte updated the Justinian Code and called it this.
|
|
The most important source of of American laws is
|
English Law
|
|
Common Law
|
Law based on court decisions rather than than on a legal code.
|
|
Precedents- know
|
legal opinions that became part of the common law.
|
|
common law is a combo of
|
roman law and canon law
|
|
Statutes
|
A law written by a legislative branch
|
|
Criminal Law
|
Laws that seek to prevent people from deliberately harming each other or each other's property.
|
|
In criminal cases the government in always the BLANK
Why? |
Plaintiff - system of justice assumes that society-everyone- is the victim when a crime is committed.
|
|
Plaintiff
|
The party that brings the charges against the alleged criminal
|
|
Defendant
|
Individual group or person being sued
|
|
Crimes are graded as either BLANK or BLANK
|
felonies / misdemeanors
|
|
Examples of felonies
|
Murder , rape , kidnapping , robbery , etc.
|
|
Examples of Misdemeanors
|
Vandalism , stealing inexpensive items , writing bad checks for low amounts ,etc.
|
|
Typically Misdemeanors are punished with :
|
a fine or a jail sentence of less than one yr
|
|
Civil Cases
|
-Civil cases involve disputes between people or groups in which no criminal laws have been broken .
-State does not take legal action. -IN these individuals believe they have lost something of value or suffered some damage because of someone else's blameworthy actions -Civil case might also involve someone accused of plagiarism -Also cover torts -Family law- divorce , custody , child/spouse abuse |
|
When A civil case goes to ct it is called a :
|
Lawsuit
|
|
Lawsuit
|
Is a legal action in which a person or group sues to collect damage for some harm that is done.
|
|
torts
ex |
civil wrongs
- responsible for damage because of negligence ex: neighbor fails to clear sidewalk and you fall and injure urself |
|
Public Law
|
-also called constitutional law
-involves rights guaranteed under the constitution -Another element of public law is Administrative Law -Statutory Law is another example of Public Law |
|
International Law
|
-Comprises treaties ,customs , and agreements among nations =.
-Might involve military and diplomatic treaties , trade regulations , international agreements , etc. -Violations of international law may be brought to the International Court of Justice aka the a World Ct. - Hague , Netherlands |
|
roles of different branches of gov.
|
Ex: carries out laws
Leg: Makes laws Jud: sets laws by interpreting them |
|
Stare Decisis means
|
"Let the decision stand"
|
|
the writ of Habeas Corpus
|
-"produce the body"
-requires an official who has arrested someone to bring that person to ct and explain why he/she is being held. -Article 1 |
|
Bill of Attainder
|
-Article 1
-a law that punishes a person accused of a crime without a trial or a fair hearing in ct. |
|
Ex post faco law
|
-Article 1
-Law that would allow a person to be punished for an action that was not against the law when it was committed. |
|
Due Process of Law
|
-Guarrented in in 14th and 15th amendment
-in part the gov. may not take our lives , liberty , or property except according to the proper excercise of law. -Law requires all be treated equally, forbids unequal and unfair treatment on factors such as gender , race or religion. |
|
bench trial
|
trial with out a jury , just a judge
|
|
injunction
|
a court order commanding a person or group to stop a certain action
|
|
complaint
|
formal statement naming the plaintiff and the defendant and describing the nature of the lawsuit.
|
|
a summons
|
defendant receives a doc telling them a suit is against them and ordering them to appear in ct on given time and date.
|
|
in which type of case : beyond a reasonible doubt and "preponderance of evidence"
|
Beyond: criminal
Preponderance : Civil |
|
Procedure in a criminal case
|
1.Police arrest and book suspect
2.Preliminary Hearing: -Suspect appears before a judge -Bail is set 3.Arraignment #1: -defendant pleads not guilty-trial date is set #2-Defendant pleads guilty and accepts a plea bargain. 4. Trial -Prosecution and defense present case to jury(or judge) -Jury (or judge) reaches verdict 5.#1 Acquittal - Defendant found not guilty and let go or #2. -defendant found guilty -Judge sentences defendant |
|
arraignment
|
in hearing in which a suspect is charged and pleads guilty or not guilty
|
|
Kno pros and cons of plea bargaining
|
page 372
|
|
testimony
|
the answers given while under oath
|
|
Acquittal
|
a vote of not guilty
|
|
hung jury
|
when a jury cannot decide on a verdict it is a hung jury , and trial is is ruled a mistrial.
|
|
Pleadings
|
the complaint and the answer together are the pleadings
|
|
Discovery
|
Time of checking facts , and gathering evidence /
|
|
Juveniall
|
anyone under age 18
|
|
juvenial delinquents
|
people under 18 who commit crimes
|
|
Primary goal of juvenille cts is to try and
|
Rehabilitate , correct the person's behavior not punish them.
|
|
In re Gualt - how did this case establish rights for juvenile offenders?
|
Right to counsel , fight to confront witnesses , and right not to incriminate themselves also that parents must be informed as soon as possible.
|