Chapter 15

Question 1

Code of Hammurabi

Answer 1

made up of 282 legal cases that spelled out relationships among individuals as well as punishments in areas we would now call property law, family law, civil law, and criminal law

Question 2

Constitutional Law

Answer 2

deals with the formation, construction, and interpretation of constitutions

Question 3

Statutory Law

Answer 3

laws written down so the public can know and understand them

Question 4

Administrative Law

Answer 4

law that spells out the authority, procedures, rules, and regulations to be followed by government agencies

Question 5

Common Law

Answer 5

made by judges in the process of resolving individual cases

Question 6

equity

Answer 6

a system of rules by which disputes are resolved on the grounds of fairness

Question 7

substantive due process of law

Answer 7

certain rights of individuals in the application of laws, some that are specified in the Constitution and some that are not specified

Question 8

procedural due process of law

Answer 8

principle that prohibits arbitrary enforcement of the law, and also provides safeguards to ensure that constitutional and statutory rights are protected by law enforcement

Question 9

The Adversary System

Answer 9

a judicial system in which opposing lawyers present their strongest cases

Question 10

Presumption of Innocence

Answer 10

a person, although accused, is innocent until proven guilty

Question 11

contract

Answer 11

set of voluntary promises, enforceable by the law, between parties who agree to do or not do something

Question 12

expressed contract

Answer 12

terms are specifically stated by the parties, usually in writing

Question 13

implied contract

Answer 13

terms are not expressly states but can be inferred from the actions of the people involved and the circumstances

Question 14

real property

Answer 14

land and whatever was attached to it (house, tree, etc.)

Question 15

personal property

Answer 15

movable things like clothes and jewelry and intangible items of stocks, bonds, etc.

Question 16

mortgage

Answer 16

a loan to pay for a house

Question 17

Fair Housing Act

Answer 17

aims to protect people against discrimination on the basis of race, religion, etc when they try to buy a house or obtain a loan

Question 18

tort

Answer 18

any wrongful act, other than breach in contract, for which the injured party has the right to sue for damages in a civil court

Question 19

intentional tort

Answer 19

a deliberate act that results in harm to a person or property

Question 20

negligent tort

Answer 20

when a person fails to do something a reasonable person would have done, or does something a prudent person would not have done

Question 21

plaintiff

Answer 21

person brings charges in a law suit

Question 22

defendant

Answer 22

person against whom the suit is brought

Question 23

injunction

Answer 23

court order that forbids a defendant to take or continue a certain action

Question 24

complaint

Answer 24

a legal doc filed with the court that has jurisdiction over the problem

Question 25

summons

Answer 25

an official notice of the lawsuit that includes that date, time, and place of the initial court appearance

Question 26

answer

Answer 26

formal response to the charges in the complaint

Question 27

discovery

Answer 27

both sides prepare for trial by checking facts and gathering evidence to support their case

Question 28

mediation

Answer 28

each side is given the opportunity to explain its side of the dispute and must listen to the other side

Question 29

injunctive relief

Answer 29

court order to prevent a future act

Question 30

small claims courts

Answer 30

hear civil cases dealing with collecting small debts, property damage, landlord-tenant disputes, etc.

Question 31

affidavit

Answer 31

a written statement to prove statements of fact signed by a witness under oath

Question 32

petty offense

Answer 32

a minor crime, usually punished by a ticket rather than being arrested

Question 33

misdemeanors

Answer 33

a minor crime that is usually punished by a fine or jail sentence of less than one year

Question 34

felony

Answer 34

a major crime

Question 35

arrest warrant

Answer 35

must list the suspect’s name and the alleged crime

Question 36

grand jury

Answer 36

group of citizens who review the prosecution’s allegations in order to determine if there’s enough evidence to “hand up” an indictment, or formal criminal charge

Question 37

information

Answer 37

sworn statement by the prosecution asserting that there is sufficient evidence to go to trial

Question 38

plea bargaining

Answer 38

prosecutor, defense lawyer, and police work out an agreement through which the defendant pleads guilty to a lesser crime

Question 39

arraignment

Answer 39

judge reads the formal charge against the defendant in an open court room

Question 40

pleas (4)

Answer 40

• not guilty
• not guilty by reason of insanity
• guilty
• nolo contendere (defendant indirectly admits guilt)

Question 41

6th amendment

Answer 41

guarantees that defendants shouldn’t have to wait a long time before their trial starts

Question 42

5th amendment

Answer 42

defendants don’t have to testify, and denial to testify can’t be taken as admission to guilt

Question 43

Main Steps in Criminal Cases (8)

Answer 43

• Investigation and Arrest
• Initial Appearance
• Preliminary Hearing or Grand Jury
• Plea Bargaining
• Arriagnment and Pleas
• Trial
• Decision
• Sentencing