unit one test review

Question 1

criminal laws

Answer 1

regulate public conduct and set duties owed to society

Question 2

felony

Answer 2

serious crimes, charged with more than a year

Question 3

misdemeanor

Answer 3

a year or less (assualt, etc)

Question 4

civil laws

Answer 4

regulate civil action

Question 5

civil action

Answer 5

claim against another individual

Question 6

defendant

Answer 6

person on trial

Question 7

plaintiff

Answer 7

no prosecutor in civil court because it’s between individual citizens, person who brought the charge

Question 8

prosecutor

Answer 8

lawyer for the government

Question 9

beyond a reasonable doubt

Answer 9

if the jury/judge has any reasonable doubts about guilt then they must vote not to acquit

Question 10

preponderance of evidedence

Answer 10

needs only to decide it is more likely than not the plaintiff’s complaint is true

Question 11

limited government

Answer 11

fundemental notion in constitution

Question 12

separation of powers

Answer 12

division of powers among the executive, legislative, and judicial

Question 13

statutes

Answer 13

legislative branch, basic laws

Question 14

checks and balances

Answer 14

to keep each branch in line

Question 15

veto

Answer 15

president’s power to veto or refuse to approve laws

Question 16

unconstitutional

Answer 16

courts can declare a law unconstitutional

Question 17

judicial review

Answer 17

enables a court to declare unenforceable

Question 18

federalism

Answer 18

division of power between the state and government rights

Question 19

bill of rights

Answer 19

first 10 amendments of the constitution

Question 20

supremacy clause

Answer 20

fed/national laws are supreme to state laws

Question 21

bills

Answer 21

proposal of a law

Question 22

legislative intent

Answer 22

what the lawmakers want the law to do

Question 23

precedent

Answer 23

cases that have happened to use as examples

Question 24

advocacy

Answer 24

active support for a case

Question 25

initiative

Answer 25

voters propose a law through petition

Question 26

referundum

Answer 26

voters decide on a legislative act directly

Question 27

recall

Answer 27

removal of elected officials

Question 28

lobbying

Answer 28

process of convincing lawmakers to vote a certain way

Question 29

trial courts

Answer 29

hear testimony, consider evidence, and decide facts

Question 30

plaintiff

Answer 30

party bringing legal action

Question 31

prosecutor

Answer 31

state/government initiates case and serves as this

Question 32

defendant

Answer 32

party responding to plaintiff

Question 33

adversary system

Answer 33

parties represent to an impartial judge/jury (protectionof rights is most important)

Question 34

inquisitional system

Answer 34

judge plays active role in gathering/presenting evidence (europe and asia) (pursuit of truth is most important)

Question 35

plea bargain

Answer 35

ongoing, can happen up to trial

Question 36

voir dire

Answer 36

jurors are assigned to cases after this, to speak the truth

Question 37

removal for cause

Answer 37

opposing attorney can request removal of jurors if partial

Question 38

peremptory challenges

Answer 38

"wild cards". have jurors removed without cause, limited amt of these

Question 39

appeals court

Answer 39

majority opinion, decision of the court with dissenting opinion states reasons why

Question 40

error of law

Answer 40

if umpire calls you out on 2 strikes-error of law says the ball is over the plate when it's not-error of facr

Question 41

dissenting opinion

Answer 41

states reason for disagreement

Question 42

concurring opinion

Answer 42

agree but for different reasons

Question 43

probate courts

Answer 43

courts handle cases involving wills and claims against the estates of persons who die with or without a will

Question 44

due process of law

Answer 44

14th amendment, no state can deny a person of life, liberty, or process without this

Question 45

petitions for certiorari

Answer 45

to be informed of, appeal former case, have to est. error of law

Question 46

state decisis

Answer 46

must follow precedent

Question 47

bar associtions

Answer 47

organization that regulates licensing and conduct of lawyers

Question 48

retainer

Answer 48

fee you pay for lawyer's service

Question 49

contingency fee

Answer 49

based on how much you win (30-50%) goes to lawyer

Question 50

attorney client privilege

Answer 50

information passed between the two parties. info is confidnetial so the lawyer can defend client to the best of their abilities

Question 51

disbarred

Answer 51

violated the practice of being a lawyer , ethical, criminal, etc

Question 52

legal malpractice

Answer 52

if you can prove that the lawyer didn't do things they should've, you can sue them