Chapter 2 - How the Law Works Flashcards
crime punishable by serving no more than year in prison or jail
misdemeanor
crime punishable by serving more than one year in prison
felony
law covering the rights and remedies of individuals or entities
civil law
What are the six steps of a lawsuit?
- Harm or injury occurs
- Harm or injury discovered
- Filing a lawsuit
- Notifying the parties
- Pretrial conference
- Trial
plaintiff
the person or entity that files a lawsuit against another person or entity
defendant
the person or entity that is being sued in a lawsuit
jurisdiction
the authority to preside over a legal matter
Michigan _____ can only hear civil cases with claims over $25,000 or criminal cases that are felonies.
Circuit Courts
What are the categories of damages?
- compensatory
- consequential
- punitive
What are the types of damages?
- physical
- mental/emotional
- financial
to lessen; make less severe
mitigate
_____ mail is more secure than _____ mail.
Registered; certified
_____ mail is machine scanned.
Certified
_____ mail has a chain of signatures.
Registered
a court order that a person bring requested documents to court
supoena ducus tecum
formal, written questions submitted to opposing parties of a lawsuit
interrogatories
a criminal offense for knowingly making false statements under oath
perjury
Under court rules, any interrogatory question left unanswered is automatically answered in the _____.
affirmitive
Only plaintiffs and defendants receive _____ and must provide answers under penalty of perjury.
interrogatories
recorded testimony taken under oath, prior to a trial
deposition
standards of proof
- balance of probabilities
- clear and convincing evidence
- beyond a reasonable doubt
Which standard of proof is used in civil trials?
balance of probabilities
_____ is the civil equivalent of murder.
Wrongful death
What are the verdicts in a civil case?
find for the plaintiff or for the defendant
a process of using a neutral third party to make a final decision about a dispute
arbitration
In _____, decisions cannot be appealed.
binding arbitration
a process of using a neutral third party to help the parties work together to resolve a dispute
mediation