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4B Vocab Government
Terms in this set (32)
All law that does not involve criminal matters. Civil law usually deals with the private rights of individuals, groups, and businesses.
Legal decisions are based on judicial precedent rather than statutory laws.
The branch of civil law dealing with interpretation and enforcement of written agreements between parties.
Law and law proceedings that deal with the investigation and trial of those accused of crimes against society.
Law based on statues that are enacted to prescribe conduct, define crimes, create governmental bodies, appropriate public monies and in general to promote the public good and welfare.
the party who brings a suit or some other legal action against another (the defendant) in court.
Defendant (Civil Case)
the person against whom the plaintiff brings a court action
Defendant (Criminal Case)
the person charged with the crime.
Breach of contract
Failure to do something in a contract
A judicial contest through which legal rights are sought and enforced
A wrongful act, other than breach of contract, for which an injured party has the right to sue
Failure to exercise the degree of care considered reasonable under the circumstances, resulting in an unintended injury to another party
Substantive Due Process
The substance and the policies of governmental action. The "fairness" of the laws themselves
Procedural Due Process
Procedures used by the government in making, applying, interpreting and enforcing the law are reasonable and consistent. The "fairness" of how the law is carried out
A person who prepares and conducts the prosecution of persons accused of crime
More serious crimes like murder, arson, and rape
Less serous crime like vandalism, possession of marijuana under a defined amount, theft under a defined amount
A sufficient reason based upon known facts to believe a crime has been committed
The formal device by which a person can be accused of a serious crime. See Indictment
A jury of 12 persons who decide upon the facts at issue in a court trial
A formal complaint before a grand jury that charges the accused with one or more crimes
The process whereby the accused (defendant) and the prosecutor negotiate a mutually satisfactory result of the case
Presumption of Innocence
In criminal law, the principle that a person is innocent of a crime until he is proven guilty. The government prosecutor must establish the defendant's guilt by proof beyond a reasonable doubt.
Beyond a reasonable doubt
In a criminal trials, jurors are told to find the defendant guilty if they are convinced of their quilt "beyond a reasonable doubt".
Preponderance of evidence
General standard of proof in civil cases
In common law, were a neutral party settles a disagreement between two parties.
An order for a person to appear and to produce documents or other requested materials
An official notice of a lawsuit that includes the date, time, and place of the initial court appearance
A legal document issued by a judge
Evidence gained as the result of an illegal act by police cannot be used against the person in court
These are previous court decisions that are recognized as a foundation for deciding future cases. Major source of common law
Out of Court Settlement
Negotiations between parties and/or attorneys in which the parties work out a settlement agreement without a trial in the judicial system.
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