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Civil & criminal law

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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