Chapter 15 Flashcards
What do Civil Laws deal with
disputes between a group or a person
When do civil disputes take place
when someone feels that they have been harmed by someone elses actions
what are the four branches of civil law
contract law, property law, family law, and personal injury law
what is an agreement between two or more parties to exchange something of value called
a contract
what can one party do if the other party fails to follow through with a contract
sue
what does property law deal with
everything involved in buy and selling property including how it is cared for
what does family law deal with
everything that deals with family matters
what is a wrongful act, other than breaking a contract, for which an injured party has the right to sue called
tort
what is a lack of proper care and attention
negligence
what is the difference between a tort and a negligence
a tort is intentional, a negligence is doing something that a reasonable person would not have done
who is the person in civil cases who filed the lawsuit
plaintiff
who is the person in civil cases who is being sued
the defendant
what is the money ordered by a court to be paid for injuries or losses suffered
damages
what is a notice directing someone to appear in court to answer a complaint or charge
summons
what is a process by which lawyers have the opportunity to check facts and gather evidence before a trial called
discovery
when does the lawyer start working on their discovery
after the defendant’s lawyer answers the complaint
each side can ask for a jury to decide the case. True or False
True
who presents their evidence first
plaintiff
when does the judge decide a verdict
after all of the evidence has been shared
what is additional money for bad conduct called
Punitive damages
when does the loser of a case have the right to appeal to a higher court
after the case is over
what is an act that breaks a law and causes harm to people or to society in general
crime
what is a state’s written criminal laws
penal code
what is a minor crime for which a person can be fined a small sum of money or jailed for up to one year
misdemeanor
what is a more serious crime such as murder, kidnapping, or robbery
felony
why are crimes against people, rather than property, seen more important
it can directly harm someone
what are crimes against people also called
violent crimes
the more serious the crime, the _________ the punishment
harsher
only a few criminal laws set minimum and maximum punishment. True or False
False
what is the punishment given to someone found guilty of committing a crime called
sentence
the government must follow what?
due process
what is the government in its role as the party who starts the legal proceedings against someone who committed a crime called
the prosecution
The judge does not have to issue an arrest warrant for someone to be arrested. True or False
False
In a preliminary hearing, who brings the suspect in to be charged
police
what is a process in which a defendant agrees to plead guilty to a less serious crime for a lesser sentence
plea bargaining
what way do most defendants choose to be tried by
a judge
what is the questioning of a witness at a trial or hearing to check or discredit the witness’ testimony
cross-examination
how does the jury reach a decision
in secret
if no decision is reached, the judge can declare a what
mistrial
when was the first juvenile justice system set up
1899
what means to correct a person’s behavior
rehabilitate
did the US Supreme court rule that juveniles have the same rights as adults
yes
what is a child or teenager who commits a serious crime or repeatedly breaks the law called
juvenile delinquent
what are young people who have committed acts that would be a crime if committed by an adult called
delinquent offenders
what is a youth that is charged with being beyond the control of his or her legal guardian called
status offender
what are the two types of cases juvenile courts handle
neglect and delinquency
what means to take charge of someone in a official way
custody
If the youth needs counseling or drug treatment, what might the police do
refer the case to a social service agency
what is the process called diversion
when a juvenile goes through drug treatment or counseling
what is the detention hearing like in an adult case
the preliminary hearing
what is the adjudication like in an adult case and what is a little different
the trial and it is closed to the public and does not include a jury
what is the disposition hearing like in an adult case
sentencing hearing
what happens in the preliminary hearing
the suspect appears before a judge and the bail is set
what happens in indictment
the jury hears the evidence
what happens in arraignment
the defendant pleads guilty and accepts a plea bargain, or pleads not guilty and the trial date is set
what happens in a trial
attorneys present their cases and the jury reaches a decision
