15 Flashcards
criminal law
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.
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.
criminal law
civil law
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.
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.
civil law
burden of proof
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.
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.
defendant
prosecution
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.
plaintiff
the person or party who brings a lawsuit, or legal action, against another party in a civil case
writ of certiorari
an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review
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.
burden of proof
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.
defendant
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.
prosecution
the person or party who brings a lawsuit, or legal action, against another party in a civil case
plaintiff
an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review
writ of certiorari
brief a written document.
drawn up by an attorney that presents the facts and points of law in a client’s case
legal
docket
list of cases that will be heard
list of cases that will be heard
docket
damages
money to compensate for the losses suffered that the party found liable should pay
money to compensate for the losses suffered that the party found liable should pay
damages
preponderance of evidence
party must prove that it is more likely than not that the other party is at fault and should be held liable
party must prove that it is more likely than not that the other party is at fault and should be held liable
preponderance of evidence
Cross examination
questioning by the opposing attorney
questioning by the opposing attorney
cross examination
origianal jurdiiction
authority to hear a case for the first time
authority to hear a case for the first time
og jursdiction
appleate jurdidiction
authority to review decisions from lower courts
errors of law
a mistake made by a judge in applying the law to a specific case
general jurdiction
Court hears cases covering variety of subjects]
- general trial courts
authority to review decisions from lower courts
appleate jurdidiction
a mistake made by a judge in applying the law to a specific case
errors of law
limited jurdsdiction
court specialized in certain types of cases
- local courts
retention election
vote to see if judge should be allowed to stay in office
affirmative action
- hiring members of disadvantaged gorups
vote to see if judge should be allowed to stay in office
retention election
- hiring members of disadvantaged gorups
affirmative action
military tribunals
court in which officers from armed forces serve as both judge and jury
court in which officers from armed forces serve as both judge and jury
military tribunals
senatorial courtesy
Upheld by tradition rather than law, rule allwows a senator to block a nomination to a federal court in his or her home state
Upheld by tradition rather than law, rule allwows a senator to block a nomination to a federal court in his or her home state
senatorial courtesy
amicus curiae brief
friend of court
friend of court
amicus curiae brief
opinions the judges can write
majority opinion
dissenting
concurring
judicial activism
mindset that court has right and obligation to use jdicial review typically liberal view
judicial restriant
mindset that court should use jdicial review sparingly, conservative view
