Chapter 15 Flashcards

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

A

penal code

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

A

misdemeanor

25
Q

what is a more serious crime such as murder, kidnapping, or robbery

A

felony

26
Q

why are crimes against people, rather than property, seen more important

A

it can directly harm someone

27
Q

what are crimes against people also called

A

violent crimes

28
Q

the more serious the crime, the _________ the punishment

A

harsher

29
Q

only a few criminal laws set minimum and maximum punishment. True or False

A

False

30
Q

what is the punishment given to someone found guilty of committing a crime called

A

sentence

31
Q

the government must follow what?

A

due process

32
Q

what is the government in its role as the party who starts the legal proceedings against someone who committed a crime called

A

the prosecution

33
Q

The judge does not have to issue an arrest warrant for someone to be arrested. True or False

A

False

34
Q

In a preliminary hearing, who brings the suspect in to be charged

A

police

35
Q

what is a process in which a defendant agrees to plead guilty to a less serious crime for a lesser sentence

A

plea bargaining

36
Q

what way do most defendants choose to be tried by

A

a judge

37
Q

what is the questioning of a witness at a trial or hearing to check or discredit the witness’ testimony

A

cross-examination

38
Q

how does the jury reach a decision

A

in secret

39
Q

if no decision is reached, the judge can declare a what

A

mistrial

40
Q

when was the first juvenile justice system set up

A

1899

41
Q

what means to correct a person’s behavior

A

rehabilitate

42
Q

did the US Supreme court rule that juveniles have the same rights as adults

A

yes

43
Q

what is a child or teenager who commits a serious crime or repeatedly breaks the law called

A

juvenile delinquent

44
Q

what are young people who have committed acts that would be a crime if committed by an adult called

A

delinquent offenders

45
Q

what is a youth that is charged with being beyond the control of his or her legal guardian called

A

status offender

46
Q

what are the two types of cases juvenile courts handle

A

neglect and delinquency

47
Q

what means to take charge of someone in a official way

A

custody

48
Q

If the youth needs counseling or drug treatment, what might the police do

A

refer the case to a social service agency

49
Q

what is the process called diversion

A

when a juvenile goes through drug treatment or counseling

50
Q

what is the detention hearing like in an adult case

A

the preliminary hearing

51
Q

what is the adjudication like in an adult case and what is a little different

A

the trial and it is closed to the public and does not include a jury

52
Q

what is the disposition hearing like in an adult case

A

sentencing hearing

53
Q

what happens in the preliminary hearing

A

the suspect appears before a judge and the bail is set

54
Q

what happens in indictment

A

the jury hears the evidence

55
Q

what happens in arraignment

A

the defendant pleads guilty and accepts a plea bargain, or pleads not guilty and the trial date is set

56
Q

what happens in a trial

A

attorneys present their cases and the jury reaches a decision