Chapter 15 Flashcards

(56 cards)

1
Q

What do Civil Laws deal with

A

disputes between a group or a person

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2
Q

When do civil disputes take place

A

when someone feels that they have been harmed by someone elses actions

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3
Q

what are the four branches of civil law

A

contract law, property law, family law, and personal injury law

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4
Q

what is an agreement between two or more parties to exchange something of value called

A

a contract

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5
Q

what can one party do if the other party fails to follow through with a contract

A

sue

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6
Q

what does property law deal with

A

everything involved in buy and selling property including how it is cared for

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7
Q

what does family law deal with

A

everything that deals with family matters

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8
Q

what is a wrongful act, other than breaking a contract, for which an injured party has the right to sue called

A

tort

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9
Q

what is a lack of proper care and attention

A

negligence

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10
Q

what is the difference between a tort and a negligence

A

a tort is intentional, a negligence is doing something that a reasonable person would not have done

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11
Q

who is the person in civil cases who filed the lawsuit

A

plaintiff

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12
Q

who is the person in civil cases who is being sued

A

the defendant

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13
Q

what is the money ordered by a court to be paid for injuries or losses suffered

A

damages

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14
Q

what is a notice directing someone to appear in court to answer a complaint or charge

A

summons

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15
Q

what is a process by which lawyers have the opportunity to check facts and gather evidence before a trial called

A

discovery

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16
Q

when does the lawyer start working on their discovery

A

after the defendant’s lawyer answers the complaint

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17
Q

each side can ask for a jury to decide the case. True or False

A

True

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18
Q

who presents their evidence first

A

plaintiff

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19
Q

when does the judge decide a verdict

A

after all of the evidence has been shared

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20
Q

what is additional money for bad conduct called

A

Punitive damages

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21
Q

when does the loser of a case have the right to appeal to a higher court

A

after the case is over

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22
Q

what is an act that breaks a law and causes harm to people or to society in general

A

crime

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23
Q

what is a state’s written criminal laws

24
Q

what is a minor crime for which a person can be fined a small sum of money or jailed for up to one year

25
what is a more serious crime such as murder, kidnapping, or robbery
felony
26
why are crimes against people, rather than property, seen more important
it can directly harm someone
27
what are crimes against people also called
violent crimes
28
the more serious the crime, the _________ the punishment
harsher
29
only a few criminal laws set minimum and maximum punishment. True or False
False
30
what is the punishment given to someone found guilty of committing a crime called
sentence
31
the government must follow what?
due process
32
what is the government in its role as the party who starts the legal proceedings against someone who committed a crime called
the prosecution
33
The judge does not have to issue an arrest warrant for someone to be arrested. True or False
False
34
In a preliminary hearing, who brings the suspect in to be charged
police
35
what is a process in which a defendant agrees to plead guilty to a less serious crime for a lesser sentence
plea bargaining
36
what way do most defendants choose to be tried by
a judge
37
what is the questioning of a witness at a trial or hearing to check or discredit the witness' testimony
cross-examination
38
how does the jury reach a decision
in secret
39
if no decision is reached, the judge can declare a what
mistrial
40
when was the first juvenile justice system set up
1899
41
what means to correct a person's behavior
rehabilitate
42
did the US Supreme court rule that juveniles have the same rights as adults
yes
43
what is a child or teenager who commits a serious crime or repeatedly breaks the law called
juvenile delinquent
44
what are young people who have committed acts that would be a crime if committed by an adult called
delinquent offenders
45
what is a youth that is charged with being beyond the control of his or her legal guardian called
status offender
46
what are the two types of cases juvenile courts handle
neglect and delinquency
47
what means to take charge of someone in a official way
custody
48
If the youth needs counseling or drug treatment, what might the police do
refer the case to a social service agency
49
what is the process called diversion
when a juvenile goes through drug treatment or counseling
50
what is the detention hearing like in an adult case
the preliminary hearing
51
what is the adjudication like in an adult case and what is a little different
the trial and it is closed to the public and does not include a jury
52
what is the disposition hearing like in an adult case
sentencing hearing
53
what happens in the preliminary hearing
the suspect appears before a judge and the bail is set
54
what happens in indictment
the jury hears the evidence
55
what happens in arraignment
the defendant pleads guilty and accepts a plea bargain, or pleads not guilty and the trial date is set
56
what happens in a trial
attorneys present their cases and the jury reaches a decision