Am Gov Criminal and Civil Law Test
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122 terms
Terms | Definitions |
|---|---|
 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 | a minor crmie, usulaly punished by a ticket rather than being arrested |
| misdemeanor | a minor crime that is usually punished by a fine or jail sentence of less than one year |
| felony | a major crime |
| arrest warrant | an order signed by a judge naming the individual to be arrested for a specific crime |
| grand jury | group that hears charges against a supect and decides whether there is sufficient evidence to bring the person to trial |
| indictment | a formal charge by a grand jury |
| information | a sworn statement by the prosecution that there is sufficient evidence for a trial |
| plea bargaining | deal worked out to plead guilty to lesser charge in exchange for lesser punishment |
| jury | a group of citizens who hear evidence during a trial and give a verdict |
| verdict | decision made by jury |
| hung jury | a jury that is unable to reach a decision |
| sentence | the punishment to be imposed on an offender after a guilty verdict |
| statutory rape | sex of underaged people/sending sexual pictures on phones, etc. |
| house arrest | when a person is forced to not leave their home as a punishment for a crime |
| booked | process when a person gets to the police station |
| fingerprints taken, photographed, handwriting sample, blood test administered, line up conducted | what are the 5 possible procedures taken when a person is booked? |
| arraignment | initial appearance before a judge |
| charges are read | what is the first thing that happens in an arraignment? |
| 6 | What amendment states that the charges have to be read in an arraignment? |
| guilty, not guilty, not guilty by reason of insanity, and no contest | what are the the 4 possible pleads? |
| no trial is needed | what happens when a person pleads guilty? |
| i will not contest or fight the charges | what does no contest mean? |
| no contest | what does nolo contendre mean? |
| bail is considered | what is the last part of an arraignment? |
| no excessive bails | how does the 8th amendment apply when bail is considered? |
| preliminary hearing | prosecution presents evidence to judge to see if there is enough evidence for a trial |
| plea bargain | how do 90% of court cases end? |
| 6 or 12 | how many people are on a petit jury? |
| petit jury | 6 or 12 people who will decide a case |
| voir dire process | questioning the jurors by attorneys for bias |
| jury foreperson | head of jury |
| sequester | putting jurors in a hotel until the case is over to protect them |
| sentencing | determined by the judge, sometimes juries have input |
| death, prison time, probation, community service, and fine | what can a person be sentenced to? |
| all | how many jurers must vote for someone to win? |
| no | is there a time limit on deliberations? |
| yes | are the jury deliberations secret? |
| no | can either side of a case tamper or bribe the jury? |
| yes | is a person legally required to answer a jury notice? |
| names are randomly drawn for voters lists to receive a questionnare whether they meet the legal qualifications for jury service | how are potential jurors selected? |
| 18 | how old do you have to be to serve on a jury? |
| 40 dollars | how much money is a federal juror paid per day? |
| no | does an employer have to pay you regular salary when your on jury duty? |
| no | can you be fired for serving on a jury and not going to work? |
| courts can grant temporary postponement | what happens if a person is planning a vacation the week that they are scheduled to serve jury duty? |
| 90% | what percentage of state level cases are civil? |
| contract, property, family, and tort or civil wrongs | what are the 4 parts ot civil law? |
| contract | voluntary promise inforcable by law between people who agreed to do or not do something |
| written and verbal | what are the two types of contracts? |
| pre-nupitual | agreement to split things after a divorce. contract made before marriage |
| people must be mentally competent, must be of legal age, contract must contain an offer, acceptance, and consideration, and can't involve illegal things | what 4 things are needed for a contract to be valid? |
| an offer, acceptance, and consideration | what are the 3 things a contract must contain? |
| 18 | how old must a person be to make a law-abiding contract? |
| offer | promise that something will happen |
| acceptance | agreement to the offer |
| consideration | whatever is exchanged |
| property law | involves the sale, use or ownership of land |
| real property | land and whatever is attached to it |
| personal property | moveable things, copyrights |
| family law | involves relationships among ancestors |
| family law | what type of law do the following things go under: marriage, divorce, custody issues |
| joint custody | when both parents sharelegal responsibility of child |
| sole custody | gives one parent to make the decisions for child |
| child support | money that a parent must pay to support the child financially |
| alimony | money that you have to pay to a spouse after you get divorced to help the spouse with money issues |
| torts or civil wrongs | any wrongful act, other than a breach of contract for which the injured party has the right to sue for damages |
| money damages | monetary damages |
| punitive | additional money to punish the wrong-doer |
| intentional and negligent tort | what are the two types of torts? |
| intentional tort | when someone deliberately hurts another |
| negligent tort | when careless or reckless behavior causes harm |
| lawsuits | civil cases brought to court |
| plaintiff | the person who brings the charges |
| injunction | court order forbidding a certain action |
| defendant | the person who the charges are brought against |
| court costs | usually paid by the losing side |
| contingency basis | lawyer gets 1/5-1/2 of the winnings or nothign if he/she does not win the case |
| contingency basis and hourly | what are the 2 ways that a lawyer can get paid? |
| complaint | legal document filed with the court telling what the issue is |
| summons | official notice summoning someone to court |
| motion to dismiss | document asking the court to dismiss the case |
| answer | defendant's formal response to the lawsuit. usually have 10-60 days to file. Failure to answer usually means an automatic win to the plaintiff |
| 10-60 days | how long does a defendant usually have to file an answer? |
| discovery process | when both sides prepare for trial, gather evidence, interview witnessess, hire private investigators, etc. Can take months or even years |
| 90% | what percentage of civil cases are settled outside of a jury verdict? |
| mediator or arbitrator | which 2 people might help with settling outside of court? |
| mediator | trained neutral party who helps both side reach an agreement. do not decide the issues. Not binding |
| arbitrator | is like a one man jury, he/she will decide what is going to happen. Usually binding on both parties |
| a judge alone or 6 or 12 people | who can a trial be heard by? |
| years | how long may it take to go to trial? |
| small claims court | what is an alternative to an expensive trial? |
| small dollar amounts (usually less than $5000) | what is small claims court used for? |
| no | is a lawyer usually needed for a small claims court? |
| 2-4 weeks | how long is the average trial date for a small claims courts? |
| 10-50 dollars | how much is the average filing fee amount for a small claims court? |
| judge | who usually decides a small claims court? |
| judgement | a court order for amount of money to be paid |
| a judgment is issued against the other party | if you win a small claims court, what happens? |
| no | do judges usually decide cases? |
| to make sure that the law is followed and that due process occurs | what is the main job of a judge? |
| criminal law | when the government charges someone with brekaing the law |
| 95% | what percentage is a state law broken in a criminal law case? |
| crime | an act that breaks a law and causes or can cause harm to people or to the society in general |
| criminal justice system | people involved in crime related issues |
| judges, prosecutors, police, prisons | who is part of the criminal justice system? |
| prosecutor | the government lawyer who argues the case in front of teh jury |
| public defender | lawyer paid by the government to represent the accused at trial |
| judge | impartial, makes sure the trial is fair, pronounces punishment |
| petty offense, misdemeanor, and felony | what are the 3 types of crime? |
| petty offense | minor crimes...speeding, jay walking, illegal parking |
| given a ticket or citation and asked to pay a fine | what is usually given to someone who commits a petty offense? |
| misdemeanor | more serious than petty offense. Stealing item, simple assault (punching someone), vandalism |
| can be fined, sentenced to jail for usually less than one year, | what is usually given to someone who commits a misdemeanor? |
| felonies | what can repeated misdemeanors be treated as? |
| felony | serious crimes |
| felony | what kind of crime do these go under: kidnapping, murder, arson, fraud, etc |
| jaiil time of more than one year and can include the death penalty | what is usually given to someone who commits a felony? |
| lose the right to vote, lose the right to own a gun, lose the right to serve on a jury, and lose employment opportunities | if convicted of a felony, what 4 things can happen? |
| arson | to set something on fire |
| fraud | using someone else's name for money. deceiving somebody's identity |
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