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93 Cards in this Set
- Front
- Back
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a set of criminal laws
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Penal code
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cases that deal with violations of the law
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criminal cases
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cases that deal with disputes between individuals or businesses.
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Civil cases
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in a civil case, this is the person or company filing the lawsuit
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plaintiff
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the lawsuit
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complaint
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elected official who presides over a justice court.
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justice of the peace
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courts in larger cities that are divided to hear specific cases
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municipal courts
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courts that hear civil cases involving small sums of money
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small claims court
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courts that handle major civil & criminal cases.
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general trials courts
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How do courts of appeals cases differ from general trial court cases?
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Courts of appeals= AJ: they only review decisions appealed from district courts
General trial court: OJ: handle major civil & criminal cases |
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The 2 ways that state supreme court judges are selected:
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1. elected
2. appointed by governor with the consent of the Senate |
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Which type of court would handle this?:
--- A traffic violation |
lower court
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Which type of court would handle this?:
--- A murder trial |
general trial court
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Which type of court would handle this?:
--- A person suing another for $1,000 |
lower court
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Which type of court would handle this?:
--- A person is found guilty and has already appealed. This court is the last chance. |
State Supreme Court
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Which type of court would handle this?:
--- A person has been found guilty but disagrees. |
appeals court
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Which type of court would handle this?:
--- A person is accused of stealing $10,000 |
general trial court
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The return of a fugitive by one state to the state from which the person fled
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extradition
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A method of referring questions of law directly to the people.
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referendum
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Orders issued by the head of an executive branch setting up methods of enforcing laws
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executive orders
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System of giving state jobs to political party members who helped during an election campaign
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patronage
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Which state official becomes head of the state executive branch if the governor dies or resigns?
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Lieutenant Governor
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What is an area governed by the US that is elgible to become a state called?
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Territory
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What is the term for the governor's power to veto only 1 part of a bill?
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item veto
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What is a written order that allows that state treasurer to pay out money called?
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Warrant
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Courts that do not have juries and hear cases on appeal
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intermediate courts of appeal
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proposed law
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proposition
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one-house legislature
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unicameral
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act that breaks the law
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crime
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person who commits any type of crime
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criminal
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serious crimes like homocide
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felonies
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less-serious offenses like traffic violation
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misdemeanors
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the killing of one person by another
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homocide
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physical injury done intentionally to another
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aggravated assault
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sexual violation of a person by force
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forcible rape
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forcible & illegal entry with the intention to steal
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burglary
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theft of property w/out use of force or violence
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larceny
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theft of goods under a certain amount
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petty larceny
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theft of goods more than a certain amount
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grand larceny
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crime that involves both property and person
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robbery
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the willful destruction of property
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vandalism
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destruction of property by setting fire to it
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arson
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when a criminal does not violate another person's rights
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victemless crimes
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crime committed for illegal gain at a workplace
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white-collar crimes
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taking money entrusted to one's care for one's own use
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embezzlement
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taking someone else's money or property dishonestly
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fraud
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Which crime category would this fall under?:
--- homocide |
crimes against person
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Which crime category would this fall under?:
--- burglary |
crimes against property
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Which crime category would this fall under?:
--- embezzlement |
white-collar crimes
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Which crime category would this fall under?:
--- arson |
crimes against property
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Which crime category would this fall under?:
--- gambling |
victimless crimes
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Which crime category would this fall under?:
--- use of illegal drugs |
victimless crimes
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Which crime category would this fall under?:
--- petty larceny |
crimes against property
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Which crime category would this fall under?:
--- forcible rape |
crimes against persons
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Which crime category would this fall under?:
--- fraud |
white-collar crimes
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Which crime category would this fall under?:
--- aggravated assault |
crimes against person
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What is an authorization by the court to make an arrest when the suspect has not been seen committing the crime?
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arrest warrant
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Who represents the accused person's side of the case?
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defense attorney
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What is the term that describes the reforming of criminals to law-abiding citizens?
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rehabilitation
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4 things that may cause crimes:
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1. poverty
2. illegal drug use 3. urbanization 4. permissiveness |
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the person or company filing the complaint.
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plaintiff
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the gov'ts side in a criminal case.
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prosecution
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there are 94 of them. they are the general trial courts of the US federal court system. It has both civil & criminal cases. Lowest level and has OJ.
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Federal district court
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federal courts that review decisions appealed from district courts.
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federal circuit court of appeals
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the highest federal court in the US; has final appellate jurisdiction and jurisdiction over all toher courts in the nation. Has both OJ & AJ.
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Supreme Court
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What does LEJSASR stand for?
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1. legislative
2. executive 3. judicial 4. state's rights 5. amendment process 6. national supremecy 7. ratification |
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an official in each federal district court who makes arrests, delivers subpoenas, keeps order in the court rooms, and carries out court orders.
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Marshal
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Judges who hear cases against accused persons and decide whether those cases should be brought to court or before a grand jury.
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magistrate judges
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the distinction of state and federal courts that make up the judicial branch of gov't
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dual court system
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system in the gov't to balance out each branch's power so that no one banch will be too powerful.
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checks and balances
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the different jobs of each branch
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separation of powers
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the power of the Supreme court to determine if a law passed by Congress or a presidential action is constitutional.
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judicial review
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A supreme court case in 1803 that established judicial review.
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Marbury v. Madison
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a person under the age of 18 the committed a crime.
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juvenile delinquent
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Which process?: A president appoints these judges which gets approve by a majority vote from the Senate
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Judge appointment process
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Which process?: Made by Congress; impeachedcted by by the House of reps and tried/ convicted by Senate w/ 2/3 majority vote
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Judge impeachment process
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What are the 3 types of cases that the Supreme court hears?
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1. Cases involving diplomats
2. cases between other states 3. cases between state and federal gov't |
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What is the 4th amendment?
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protection against unreasonable searches and seizures
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What is the 5th amendment?
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1. Grand jury review
2. Due Process 3. Protection against self-incrimination 4. Eminent domain 5. double jeopardy |
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What is the 6th amendment?
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1. speedy and public trial
2. counsel 3. call witnessess on own behalf 4. be informed of charges made |
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What is the 8th amendment?
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protection against crueland unusual punishment & bail
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What is the order of the steps in a criminal case? (7)
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1. Arrest
2. Preliminary 3. Indictment 4. Arraignment 5. Trial 6. Deliberation 7. Sentencing |
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What is the difference between a bench and jury trial?
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Bench trials are judge only cases while jury have actualy jurors
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What is the difference between a criminal case and a civil case?
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Criminal cases are when someone breaks the law and civil are disputes about $$ or between individuals.
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Superiority in weight of an evidence that is more convincing than the evidence presented by the other party,
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Preponderance of the evidence
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The standard that must be met by the prosecution evidence in a criminal prosecution.
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Beyond a resonable doubt
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Amendment that protects citizens against unfair actions by state gov'ts; passed in 1808 which secured the rights of due process
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14th amendment
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an agreement between the prosecutor and the defense in which an accused person pleads guilty to reduce charge.
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plea bargain
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to be taken to the polica station and finding records, etc.
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Booked
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The legal responsibility for one's own behavoir as in an arrested suspect being released w/out a bail.
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own recognizance
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cheating someone out of their $$ or property.
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fraud
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taking $$ that has been entrusted to one's care for one's own use.
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embezzlement
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an official notice requiring you to appear in court.
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summons
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