Civil & criminal law

Created by boysrmylife4life 

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what is a prosecuter

lawyer for gov. trying to put criminal in jail

what is a defendant

criminal or accused

what is a public defender

gov. paid lawyer for defendant

what is a lawyer for the defense

private hired lawyer

what is a petit offence

small crime

name some examples of a petit offence

running a red light, parking in handicap

what is a misdemeanor

more serious crime

what is the most common punishment for a misdemeanor

1 year in jail

what is a felony

very serious crime

name some examples of felonies

rape, kidnapping

in a criminal case how is the lawyer paid

flat rate or hourly

what is a civil case

a disagreement between 2 or more people

what percent of cases are civil

90%

what is a contract

something 2 or more people sign agreeing to do something

what are the 2 types of contracts

written or implied

which type is better & why

written, there is proof

what is a pre-nup(tial)

before marriage contract that says what happens if a divorce

what does a pre-nup deal with

mainly money, cars, kids, house

how many lawyers are required for a pre-nup

at least 2

what are the qualifications to sign a valid contract

sane (not insane), legal age (18 in most states), must be offer, acceptance, and consideration (something exchanged)

what is suing called

called a lawsuit

what is a plantiff

the person suing

what is a defendant

person being sued

what are damages

money plantiff wants or loss or injury

what is an injunction

court order stopping an action

name an example of an injunction

restraining order

what is a countersuit

defendant resues plantiff

how is the lawyer paid in a civil case

hourly, flat rate, or contingency basis

what is a contingency basis

paid if the case is won

how much is the lawyer normally paid on a contingency basis

between 1/2 and 1/5 of the money won

what is an out of court settlement

agree to settle the case without jury reaching a decision

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