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44 terms

Govt. Chap. 15 Terms

Last Government Test!!!
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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