Dual cout Stystem Flashcards

1
Q

Civil Law

A

The branch of law that concern relationships between private parties
(Person sue people)

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2
Q

Criminal Law

A

The branch of law that regulates the conduct of individuals , defined crimes, and provides punishments for criminal acts
(Gov sue people)

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3
Q

Plaintiff

A

The person or party who brings a lawsuit, legal action, against another party in a civil case
(The person who sued)

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4
Q

Judge

A

Oversees trial

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5
Q

Witness

A

Provides INFORMATION about the case

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6
Q

Bailiff

A

Like POLICE
Keeps ORDER in the courtroom and takes CHARGE of jury when court is not in session

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7
Q

Defence Attorney

A

(Defends the defendant it’s in the name)
Responsible for presenting evidence on behalf of the DEFENDANT

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8
Q

Prosecutors

A

The attorney REPRESENTING the GOV and the people in a criminal case

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9
Q

Burden of Proof

A

Obligation to PROVE a claim
This job is either done by the prosecution or plaintiff

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10
Q

Beyond Reasonable Doubt

A

Saying something with confidence and with out a doubt
Legal principle that the evidence presented in a trail must allow for no other reasonable explanation than the one given

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11
Q

Writ of Certiorari

A

Order from the Supreme Court to look at a lower courts decision on a case

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12
Q

Brief

A

A written document made by an attorney

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13
Q

Majority opinion

A

Supreme Court agrees
A document made by the SC that states the reason for its decision

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14
Q

Dissenting Opinion

A

Supreme Court disagrees

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15
Q

Concurring Opinion

A

SC agrees with the winning side but not for the same legal reason

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16
Q

NC district courts

A

Lowest level
Cases: juvenile, civil
1 judge no jury

17
Q

NC Superior Courts

A

Higher level of trial courts
Cases: felony cases and large civil
1 judge and 12 jury

18
Q

US District Courts

A

Federal Judiciary
Cases: Involving Federal Crime
1 judge 12 person jury

19
Q

NC Court of appeals and US Circuit courts of appeals

A

Appellate Jurisdiction
Cases: that are requested from lower trial courts
Judges sit in a PANEL of 3

20
Q

US supreme court

A

Highest court in the land
9 justices

21
Q

NC Supreme Court

A

Highest court in NC
Hears appeals from lower courts
Cases: where death penalty has been given

22
Q

Steps in Supreme Court Case

A

Petition the court
Writ of Certiorari (4/9 justices agree)
Briefs
Oral arguments
Conference
Opinions issued

23
Q

Original Jurisdiction

A

A courts authority to hear a case for the first time

24
Q

Appellate Jurisdiction

A

A courts authority to review decisions

25
Q

Chief Justices of the SC?

A

John Robert’s

26
Q

Preponderance of evidence

A

The evidence in a civil trial clearly points to the defendant being at fault

27
Q

Defendant

A

The person who is being charged