15 Flashcards

1
Q

criminal law

A

the branch of
law that regulates the conduct of individuals, defines crimes, and provides punishments for criminal acts. In criminal cases, the government is the prosecutor, because criminal acts are viewed as crimes against society.

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2
Q

the branch of
law that regulates the conduct of individuals, defines crimes, and provides punishments for criminal acts. In criminal cases, the government is the prosecutor, because criminal acts are viewed as crimes against society.

A

criminal law

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3
Q

civil law

A

the branch of law that concerns relationships between. private parties. A civil action is usually brought by someone who claims to have suffered a loss because of another party’s actions.

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4
Q

the branch of law that concerns relationships between. private parties. A civil action is usually brought by someone who claims to have suffered a loss because of another party’s actions.

A

civil law

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5
Q

burden of proof

A

the obligation
in a legal case to prove allegations by presenting strong supporting evidence. In a criminal case, this burden rests on the prosecution. and in a civil case on the plaintiff.

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6
Q

the person or party in a criminal trial who is charged with committing a crime. Or, in a civil case, the person or party being sued.

A

defendant

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7
Q

prosecution

A

the attorneys representing the government and the people in a criminal case. It is the prosecution’s job to show why a person accused of a crime should be found guilty as charged.

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8
Q

plaintiff

A

the person or party who brings a lawsuit, or legal action, against another party in a civil case

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9
Q

writ of certiorari

A

an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review

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10
Q

the obligation
in a legal case to prove allegations by presenting strong supporting evidence. In a criminal case, this burden rests on the prosecution. and in a civil case on the plaintiff.

A

burden of proof

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11
Q

the person or party in a criminal trial who is charged with committing a crime. Or, in a civil case, the person or party being sued.

A

defendant

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12
Q

the attorneys representing the government and the people in a criminal case. It is this person’s job
job to show why a person accused of a crime should be found guilty as charged.

A

prosecution

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13
Q

the person or party who brings a lawsuit, or legal action, against another party in a civil case

A

plaintiff

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14
Q

an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review

A

writ of certiorari

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15
Q

brief a written document.
drawn up by an attorney that presents the facts and points of law in a client’s case

A

legal

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16
Q

docket

A

list of cases that will be heard

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17
Q

list of cases that will be heard

A

docket

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18
Q

damages

A

money to compensate for the losses suffered that the party found liable should pay

19
Q

money to compensate for the losses suffered that the party found liable should pay

A

damages

20
Q

preponderance of evidence

A

party must prove that it is more likely than not that the other party is at fault and should be held liable

21
Q

party must prove that it is more likely than not that the other party is at fault and should be held liable

A

preponderance of evidence

22
Q

Cross examination

A

questioning by the opposing attorney

23
Q

questioning by the opposing attorney

A

cross examination

24
Q

origianal jurdiiction

A

authority to hear a case for the first time

25
Q

authority to hear a case for the first time

A

og jursdiction

26
Q

appleate jurdidiction

A

authority to review decisions from lower courts

27
Q

errors of law

A

a mistake made by a judge in applying the law to a specific case

28
Q

general jurdiction

A

Court hears cases covering variety of subjects]
- general trial courts

29
Q

authority to review decisions from lower courts

A

appleate jurdidiction

30
Q

a mistake made by a judge in applying the law to a specific case

A

errors of law

31
Q

limited jurdsdiction

A

court specialized in certain types of cases
- local courts

32
Q

retention election

A

vote to see if judge should be allowed to stay in office

33
Q

affirmative action

A
  • hiring members of disadvantaged gorups
34
Q

vote to see if judge should be allowed to stay in office

A

retention election

35
Q
  • hiring members of disadvantaged gorups
A

affirmative action

36
Q

military tribunals

A

court in which officers from armed forces serve as both judge and jury

37
Q

court in which officers from armed forces serve as both judge and jury

A

military tribunals

38
Q

senatorial courtesy

A

Upheld by tradition rather than law, rule allwows a senator to block a nomination to a federal court in his or her home state

39
Q

Upheld by tradition rather than law, rule allwows a senator to block a nomination to a federal court in his or her home state

A

senatorial courtesy

40
Q

amicus curiae brief

A

friend of court

41
Q

friend of court

A

amicus curiae brief

42
Q

opinions the judges can write

A

majority opinion
dissenting
concurring

43
Q

judicial activism

A

mindset that court has right and obligation to use jdicial review typically liberal view

44
Q

judicial restriant

A

mindset that court should use jdicial review sparingly, conservative view