exam #1

Question 1

laws made by judges

Answer 1

common law

Question 2

laws passed by a state legislature

Answer 2

statute

Question 3

voters vote on a law

Answer 3

referendum

Question 4

passes laws
ex: the senate

Answer 4

legislature

Question 5

federal judges may declare them

Answer 5

unconstitutional laws

Question 6

highest law of the land. protects freedom of speech

Answer 6

U.S. constitution

Question 7

national defense, federal taxes, & crime laws. these laws effect every U.S. citizen, crimes committed out of state become federal crimes

Answer 7

federal court/laws

Question 8

effect 1 state only, marriage laws, driving age, and in state crimes are state laws

Answer 8

state court/laws

Question 9

civil vs criminal law

Answer 9

civil: person vs. person, punished with $$
criminal: government vs. person, punishment can vary from fines to prison, probation, etc.

Question 10

court of appeals, one party asks judge to change their decision

Answer 10

appellate court

Question 11

files the lawsuit in a civil trial

Answer 11

plaintiff

Question 12

gets sued or charged by government

Answer 12

defendant

Question 13

responsible in civil court

Answer 13

liable

Question 14

only found in criminal court

Answer 14

guilty/ not guilty

Question 15

money paid in civil court

Answer 15

damages

Question 16

jury that is not unanimous

Answer 16

hung jury

Question 17

ex: FDA and IRS

Answer 17

agencies

Question 18

punishment in criminal court

Answer 18

sentence

Question 19

decision in criminal court

Answer 19

verdict

Question 20

judge vs. jury trial

Answer 20

jury determines guilt
judge determines sentence

Question 21

sentence that is not carried out

Answer 21

suspended sentence

Question 22

statement made by prosecutor or plaintiffs attorney

Answer 22

opening statement

Question 23

personal injury or product liabilty

Answer 23

tort law

Question 24

explain the first step of a criminal trial

Answer 24

first is the indictment.
the prosecutor lays out case before the grand jury –> if there is sufficient evidence the suspect is indicted, second is the arraignment, this is when you plea either guilty or not guilty. case usually ends after a plea bargain

Question 25

explain the second step of a criminal trial

Answer 25

the trial
this is when the jurors are chosen and evidence is presented

Question 26

explain the third step of a criminal trial

Answer 26

verdict
requires a unanimous decision, if not then that means there is a hung jury and the case is retired

Question 27

explain the fourth step of a criminal trial

Answer 27

sentencing.
judge determines punishment, can anything from jail time, to fines, etc..

Question 28

explain the fifth step of a criminal trial

Answer 28

incarceration.
less than a year –> jail
more than a year –> prison