2024 CJ midterm Flashcards

1
Q

Law

A

The rules and regulations made and enforced by government that regulate the conduct of people within a society

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2
Q

Jurisprudence

A

the science or philosophy of law

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3
Q

Justice

A

fairness, moral rightness; the proper administration of the law; and the fair and equitable treatment of all individuals under the law

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4
Q

Criminal Law

A

regulates public conduct and sets out duties owed to society. Criminal cases are considered crimes against society and usually end in jail or prison time.

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5
Q

Rules

A

Rules that are made of enforced by the government are called “laws”, private parties make “rules”

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6
Q

Laws and values: moral, social, economic and political

A

Moral values: concerned with the principles of right and wrong behavior and the goodness or badness of human character.
Political values: reflect the relationship between government and individuals.(voting)
Social values: concerns issues that are important to society(laws relating to respect: harassment)
Environmental values: regulates the impact of human activities on the environment( activities affecting air, water, protection of animals and plants)

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7
Q

Felony

A

a serious criminal offense punishable by a prison sentence of more than one year (theft, murder, assault, fraud, etc).

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8
Q

Misdemeanor

A

a criminal offense, less serious than a felony, punishable by a prison sentence of one year or less (reckless driving, petty theft)

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9
Q

Infraction

A

petty offenses that are punishable by fines, not jail time. (speed ticket, old ticket on car, street cleaning)

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10
Q

Civil Law

A

usually deal with private rights of individuals, groups, or businesses, ( all laws that do not involve criminal matters.) People usually sue for an amount of money to make up for the amount of injury or loss they have suffered.

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11
Q

Civil Action

A

a lawsuit brought by one or more individuals against another person, a business, or the government.

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12
Q

Prosecutor

A

the legal party responsible for presenting the case in a criminal trial against the defendant

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13
Q

Defendant

A

the person against whom a claim is made

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14
Q

Litigate

A

to carry on a lawsuit.

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15
Q

Plaintiff

A

the injured party who brings a civil action against the wrongdoer; the party who initiates a lawsuit by filing a complaint demanding damages

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16
Q

Defendant

A
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17
Q

District Attorney/Prosecutor

A

the person against whom a claim is made

18
Q

Defense Attorney/Public Defender

A

represents persons facing criminal charges; defends people accused of a crime.

19
Q

Citation

A

a directive, issued by a law enforcement officer or other person authorized by statute, that a person appear in court and answer a misdemeanor or infraction charge or charges.

20
Q

Ordinance

A

a public regulation passed by a municipal government

21
Q

Blue Laws

A

a law prohibiting certain activities, such as shopping, on a Sunday.

22
Q

Beyond a Reasonable Doubt

A

the level of proof required to convict a person of a crime. It does not mean “convinced 100 percent”, but does mean there are no reasonable doubts as to guilt.

23
Q

Preponderance of the Evidence

A

usually the standard of proof used in civil suit; the burden of proof that a party must meet in order to win the lawsuit. To win, a party must provide evidence that is more convincing than the other side’s evidence.

24
Q

Opening Statement

A

an initial speech made by each side in a trial, summarizing the main points of the case they will make for the jury.

25
Q

Closing Statement

A

the final address to the jury by the attorney for each side of a case in which the attorney usually summarizes the evidence and his or her client’s position (final argument, summation)

26
Q

Eyewitness

A

a person who has firsthand knowledge of an event from seeing the event

27
Q

Character Witness

A

someone who knew the victim, the defendant, or other people involved in the case

28
Q

Expert Witness

A

a person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings to assist the court with understanding complex technical or scientific issues.

29
Q

Arrest

A

To take a person suspected of a crime into custody

30
Q

Arrest Warrant

A

A court-ordered document authorizing the police to arrest an individual on a specific charge.

31
Q

Probable cause

A

A reasonable belief, known personally or through reliable sources, that a person has committed a crime.

32
Q

Reasonable Suspicion

A

Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity; based on less evidence than probable cause but more than a mere hunch.

33
Q

Search

A

an exploratory investigation by a government agent, conducted usually for the purpose of finding evidence of unlawful activity or guilt (intrudes on an individual’s reasonable expectation of privacy)

34
Q

Search Warrant

A

is a court order issued by a judge or magistrate (judicial officer), giving the police power to search a person or enter a building to search for and seize items related to a crime.

35
Q

Constable

A

an officer of the peace, having police and minor judicial functions, usually in a small town, rural district, etc.

36
Q

Seizure

A

“the taking” by law enforcement officers of potential evidence in a criminal case, several meanings:

37
Q

Affiant

A

the person who makes and subscribes ( signing an agreement ) an affidavit.

38
Q

Affidavit

A

a written statement of facts sworn or made under oath (before someone authorized to administer and oath)

39
Q

Warrantless searches

A

A search that is part of, or incident to, a lawful arrest.

40
Q

Exclusionary Rule

A

a legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial;