Chapter 15 Flashcards Preview

American Government (12th Grade) > Chapter 15 > Flashcards

Flashcards in Chapter 15 Deck (43):
1

Code of Hammurabi

made up of 282 legal cases that spelled out relationships among individuals as well as punishments in areas we would now call property law, family law, civil law, and criminal law

2

Constitutional Law

deals with the formation, construction, and interpretation of constitutions

3

Statutory Law

laws written down so the public can know and understand them

4

Administrative Law

law that spells out the authority, procedures, rules, and regulations to be followed by government agencies

5

Common Law

made by judges in the process of resolving individual cases

6

equity

a system of rules by which disputes are resolved on the grounds of fairness

7

substantive due process of law

certain rights of individuals in the application of laws, some that are specified in the Constitution and some that are not specified

8

procedural due process of law

principle that prohibits arbitrary enforcement of the law, and also provides safeguards to ensure that constitutional and statutory rights are protected by law enforcement

9

The Adversary System

a judicial system in which opposing lawyers present their strongest cases

10

Presumption of Innocence

a person, although accused, is innocent until proven guilty

11

contract

set of voluntary promises, enforceable by the law, between parties who agree to do or not do something

12

expressed contract

terms are specifically stated by the parties, usually in writing

13

implied contract

terms are not expressly states but can be inferred from the actions of the people involved and the circumstances

14

real property

land and whatever was attached to it (house, tree, etc.)

15

personal property

movable things like clothes and jewelry and intangible items of stocks, bonds, etc.

16

mortgage

a loan to pay for a house

17

Fair Housing Act

aims to protect people against discrimination on the basis of race, religion, etc when they try to buy a house or obtain a loan

18

tort

any wrongful act, other than breach in contract, for which the injured party has the right to sue for damages in a civil court

19

intentional tort

a deliberate act that results in harm to a person or property

20

negligent tort

when a person fails to do something a reasonable person would have done, or does something a prudent person would not have done

21

plaintiff

person brings charges in a law suit

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defendant

person against whom the suit is brought

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injunction

court order that forbids a defendant to take or continue a certain action

24

complaint

a legal doc filed with the court that has jurisdiction over the problem

25

summons

an official notice of the lawsuit that includes that date, time, and place of the initial court appearance

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answer

formal response to the charges in the complaint

27

discovery

both sides prepare for trial by checking facts and gathering evidence to support their case

28

mediation

each side is given the opportunity to explain its side of the dispute and must listen to the other side

29

injunctive relief

court order to prevent a future act

30

small claims courts

hear civil cases dealing with collecting small debts, property damage, landlord-tenant disputes, etc.

31

affidavit

a written statement to prove statements of fact signed by a witness under oath

32

petty offense

a minor crime, usually punished by a ticket rather than being arrested

33

misdemeanors

a minor crime that is usually punished by a fine or jail sentence of less than one year

34

felony

a major crime

35

arrest warrant

must list the suspect's name and the alleged crime

36

grand jury

group of citizens who review the prosecution's allegations in order to determine if there's enough evidence to "hand up" an indictment, or formal criminal charge

37

information

sworn statement by the prosecution asserting that there is sufficient evidence to go to trial

38

plea bargaining

prosecutor, defense lawyer, and police work out an agreement through which the defendant pleads guilty to a lesser crime

39

arraignment

judge reads the formal charge against the defendant in an open court room

40

pleas (4)

- not guilty
- not guilty by reason of insanity
- guilty
- nolo contendere (defendant indirectly admits guilt)

41

6th amendment

guarantees that defendants shouldn't have to wait a long time before their trial starts

42

5th amendment

defendants don't have to testify, and denial to testify can't be taken as admission to guilt

43

Main Steps in Criminal Cases (8)

- Investigation and Arrest
- Initial Appearance
- Preliminary Hearing or Grand Jury
- Plea Bargaining
- Arriagnment and Pleas
- Trial
- Decision
- Sentencing