Chapter 4: Understanding Civil and Criminal Justice Law Flashcards
Describe the sources which determine laws (case law, constitution, statutes).
Law comes from 3 main sources:
Constitutions, both the U.S Constitution and individual state constitutions
Statutes, which are legislative laws voted on by the state’s legislature and approved by the state’s governor.
Case Laws, which are judge-made laws or cases that have been decided by a court, either at the trial or the appellate level, and have been “published” by a designated judicial committee.
What is a civil law system?
A dispute between two or more parties in which the plaintiff(s) is alleging a cause of action against a defendant. Civil matters can be understood by looking at the who, what, where, how, and when of civil litigation.
Wrongdoing to an individual. It can be solved outside of court through arbitration, mediation.
Example: employer violating your rights, tenants
What is a criminal law system?
The set of agencies and processes established by governments to control crime and impose penalties on those who violate laws.
Wrong doing to society. There is no option to solve it outside of the court or a plea.
Example: murder, felony, misdemeanors, drug trafficking
Describe the role of each court (state court, family court, civil court, criminal court).
State Court: defined by the type of subject matter which they deal.
Family Court: address family matters.
Civil Court: address civil matters.
Criminal Court: address criminal matters.
What are the social worker’s roles in civil or criminal proceedings?
May be that of an expert, custody evaluator, mediator, substance-abuse evaluator, domestic violence counselor, probation officer, child protective services worker, court worker who assesses a defendant for diversionary programs, or corrections- facility counselor.
Social worker can help the judge and/or jury fully understand behavior that may seem aberrant under normal circumstances but that is reasonable under stressful and traumatic circumstances
Should become familiar with the proceedings and rules and know what to expect before the deposition. Also has to made aware of the legal process.
What is a writ?
A form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way (summons, subpoena, warrant, arraignment, court order, etc.)
What is habeas corpus?
Know as “the great writ”. It’s a legal principle that protects individual freedom and ensures that no one is held without charge
What is Superior Court (state)?
a court of appeals or a court of general jurisdiction; a court with general jurisdiction over other courts; a higher court.
In the trial or superior court, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.
What is Supreme Court (state or federal)?
Considered an appellate court, it does have original jurisdiction in some cases, such as cases involving ambassadors and consulates and cases between a state and the U.S government.
What is the Courts of Appeal?
a court to which appeals are taken in a federal circuit or a state.
What is an Executive Order?
orders issued by United States Presidents & directed towards officers and agencies of the Federal government of the United States. Executive orders have the full force of law, based on the authority derived from statute or the Constitution itself.
What are US District Courts?
Are the trial-level courts, each state has at least one district court.
What are Tribal Courts?
courts of general jurisdiction which continue to have broad criminal jurisdiction. The general rule is that states have no jurisdiction over the activities of Indians and tribes in Indian country. Public Law 280 (PL 280) created an exception to this rule in certain states.
What is the US Court of Federal Claims?
has special jurisdiction, spelled out in 28 U.S.C. § 1491: it hears claims for monetary damages that arise from the United States Constitution, federal statutes, executive regulations, or an express or implied in fact contract with the United States Government, most notably under the Tucker Act.
