Govt. Chap. 15 Terms

Created by supersam28 

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Last Government Test!!!

law

set of rules and standards by which a society governs itself

constitutional law

law that involves the interpretation and application of U.S. and state constitutions

statute

written law by the legislative branch

ordinance

law

statutory law

aw that is written down so that everyone might know and understand it

administrative law

law that spells out the authority, procedures, rules, and regulations to be followed by the government

common law

law made by judges in the process of resolving individual cases

equity

system of rules by which disputes are resolved on the grounds of fairness

due process

principle in the 14th amendment clause stating that no state can deprive a person of life, liberty, or property, without due process of law

substantive due process

certain rights of individuals in the application of laws; some that are specified in the Constitution (like free speech) and some that are not specified (like the privacy in making personal decisions)

procedural due process

principle that prohibits arbitrary enforcement of the law, and also provides safeguards to ensure that constitutional and statutory rights are protected by law enfocement

adversary system

judicial system in which opposing lawyers present their strongest cases

presumed innocence

the presumption that a person is innocent until proven guilty

civil law

one relating to disputes among two or more individuals or an individual and the government

contract

set of voluntary promises, enforceable by the law, between two or more parties

expressed contract

contract in which the terms are specifically stated, usually in writing

implied contract

contract in which the terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances

real property

land and whatever is attached or growing on it

personal property

movable belongings such as clothes and jewelry as well as intangible items like stocks, bonds, copyrights, and patents

mortgage

loan taken out to pay for a house

tort

wrongful act, other than breach of contract, for which an injured party has the right to sue

plaintiff

person who brings charges in court

defendant

person against whom a civil or criminal suit is brought in court

injunction

order that will stop a particular action or enforce a rule or regulation

complaint

legal document filed with the court that has jurisdiction over the problem

summons

official notice of a lawsuit that includes the date, time, and place of the initial court appearance

answer

formal response by a defendant to the charges in a complaint

discovery

process when both sides prepare for a trial by gathering evidence to support their case

mediation

process in which each side is given the opportunity to explain its side of the dispute and must listen to the other side

affidavit

written statement to prove statements of fact signed by a witness under oath

criminal law

one that defines crimes and provides for their punishment

criminal justice system

system of state and federal courts, police, and prisons that enforces criminal law

petty offense

minor crime, usually punished by a ticket rather than being arrested

misdemeanor

minor crime, usually punished by a fine or jail sentence of less than one year

felony

major crime

arrest warrant

order signed by a judge naming the individual to be arrested for a specific crime

grand jury

group that hears charges against a suspect and decides whether there is suffiecient evidence to bring the person to trial

indictment

formal charge by a grand jury

information

sworn statement by the prosecution that there is sufficient evidence for a trial

plea bargaining

process in which a defendant pleads guilty to a lesser crime than the one with which the defendant was originally charged

jury

group of citizens who hear evidence during a trial and give a verdict

verdict

decision

hung jury

jury that is unable to reach a decision

sentence

punishment to be imposed on an offender after a guilty verdict

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