Terms in this set (105)
order of steps: revising and discussing solutions, telling the story, reaching an agreement, introduction, identifying positions, identifying alternative solutions
intro, telling the story, identifying positions, identifying alternative solutions, revising and discussing solutions, reaching an agreement
reasonable belief that a person has committed a crime
what should not take place before reading the Miranda warnings
a sworn statement of facts and circumstances
the rule that prohibits use of illegally seized evidence in court
the defendant in a landmark case who argued he wasn't aware of his rights before confessing
taking items from a store without paying for them
destruction of property by willful and malicious burning
offering a fake check to someone as a genuine check
unauthorized acquisition of classified government information through the use of a computer
falsely making or altering a writing or document with the intent to defend
killing an enemy soldier in war
killing of someone during the commission of certain felonies
killing that is premeditated and done with malice
sexual assault by someone known to the victim
killing in which there is no intent to kill at all
two neighbors have a dispute about noise and dirt from the construction of a new addition. they have talked about it a few times, but it's not resolved. how should this dispute be resolved?
a manufacturer of a children's toy refuses to answer questions from families with children who have been injured by the toy. how should this dispute be resolved?
kelli agreed to wait in line and buy two tickets-one for herself and one for her friend tanya- to go to a concert that is being held on friday. after kelli uses her own money to buy both tickets, tanya gets sick and can't go. kelli still wants tanya to pay but tanya doesn't want to pay. how should this be resolved?
jack traded his headphones for his friend stanley's headphones. later he wanted to get his headphones back because he didnt think he got a good deal. how should this dispute be resolved?
a union refuses to ratify a new contract because the employer wants the members to pay for their own health insurance premiums. how should this be resolved?
trial system in the US
finder of the facts
request made by one party in a lawsuit that a judge take some specific action
striking a prospective juror without stating a reason
person who brings a lawsuit against another person
source of increasing concern; includes violent assaults, hate crimes, and property crimes
crime on campus
most members are males who are pessimistic about future opportunities
reports the frequency of crimes
sum of violent crimes and property crimes
type of resolution that cannot be further challenged
initial discussions between people in conflict without the presence of third parties
formal process using judge and juries to resolve conflict
process less formal than a trial in which a third party listens to both sides and decides the outcome of the dispute
process in which a third party listens to both sides and helps them decide the outcome of the dispute for themselves
when judges examine what the lawmakers meant by enacting a law in order to interpret an unclear law
portion of the Constitution that states, "the Constitution and the Laws of the United States shall be the supreme law of the land."
system designed to prevent any one branch of the federal government from becoming too powerful
checks and balances
division of power between the states and the federal government
guarantees the fundamental rights and liberties of all Americans
Bill of Rights
issues a search warrant
carries out the search
decides if evidence was legally obtained
brings the charges against the defendant
exclusionary rule is designed to punish...
if you take property from another by force
a pickpocket is guilty of...
if you find lost property and keep it when you can easily find the owner
if you threaten that you will cut down someone's trees unless they pay you 1000 dollars
requires the registration of all convicted sex offenders in a community
offer treatment instead of punishment for individuals who commit crimes and have problems with controlled substances
requires drivers to submit to a blood alcohol test in exchange for the privilege of driving
implied consent law
created a national system to instantly check the background of people wanting to buy guns
takes place when a third person helps the disputing parties talk about their problem and settle their differences
involves each side listening carefully, understanding what is being said, asking questions to clarify and gain more info, and listing many solutions
can be time-consuming and expensive and can even make some problems---such as child custody disputes worse
involves deciding what to tell others about how a problem was handled and what to do if the agreement doesnt seem to be working
court establishes this when its decision on legal questions give direction to future cases on similar questions
local government pass laws or issue rules known as...
makes laws through its rulings when it interprets the Constitution or the meaning of law
laws based on ___ values reflect the relationship between government individuals
establishes the US constitution and federal laws as the supreme law of the land
voters may use mail-in ballots
at age 18, people may join the military without parental permission
owners may sue trespassers for entering their property
government apologized and must pay $20,000 to all survivors of the internment of Japanese Americans during WWII
girls have a right to sports opportunities similar to boys
at age 18, people have a right to vote in presidential elections
prostitution is against the law
are rights people have just because they are human beings
are laws enacted by legislatures
set of rules or regulations by which a government regulates the conduct of people within a society
overturning a 1986 case, the US Supreme Court in 2003 ruled that sexual practices of two consenting adults in their own home...
are protected by the right to privacy
where is privacy protected the most
a sex offender released from prison complained that personal information about him was included on a state-sponsored internet site. he claimed that listing it without a court hearing was a violation of...
procedural due process
sula gives several incriminating statements in response to police questioning before she is given the Miranda warnings. her statements are...
inadmissible in court because of the exclusionary rule
Simon belonged to a political party responsible for blowing up several corporate offices of multinational companies. acting on a tip, the police surrounded Simon in front of the offices of a major corporation and ask him where the explosives are. Simon tells them. His statements are....
admissible because of the public safety exception to Miranda
does the failure to give Miranda warnings affect the validity of an arrest
is there any situation where statements made by a defendant in custody before he has been given the Miranda warnings can be used in court?
yes, if he repeats them after the police give the warnings
Marty said his own house on fire and destroyed it but he didnt try to get insurance proceeds for the loss. marty has committed...
what does the fifth amendment provide the defendant with?
the right to remain silent
conor works in the canteen selling snacks to students during lunch hour and every day he takes $20 from the cash register. he has committed...
someone charged items to your credit card with the number they took from the internet. you are a victim of....
bently had sexual intercourse with a 13-yr old girl in a state where the age of consent is 16. at his trial for statutory rape, bently's best defense will probably be...
he will have no defense
what type of crime is often treated as a plea for help?
what is the difference between criminal assault and criminal battery
in assault, there is a threat of physical attack
rape is what type of charge
larceny, vandalism, burglary, and unauthorized use of a motor vehicle are all crimes against...
someone shoplifting a jacket would be an example of...
the rates of both violent crime and property crime have been going ___ in recent years
why do some young people join gangs
to feel a sense of belonging
some researchers have identified what factor that puts young people at risk for gang involvement
how has the US Supreme Court interpreted the Second Amendment
the state has a right to maintain a militia
who investigate complaints and help parties reach agreements?
if justice jones did not agree with a majority of justices and wrote a separate statement, what would his analysis be called?
selecting jurors for a trial involves
voir dire, peremptory challenges, and removal for cause
law is defined as...
rules and regulations made and enforced by gov't to regulate people's conduct
all students are provided with free public education through high school. this is what type of value?
our legal system protects basic ___ ___
requiring citizens to pay taxes is based on what type of value?
laws that US citizens are expected to obey come from...
congress, state legislatures, and administrative agencies
settlement generally resolves...
civil cases that have been filed in court
the least formal conflict resolution strategy is...
establishing a sincere interest in settling the conflict and clearly identifying the source of the conflict is part of..
preparation for negotiation