Civil and Criminal Law Flashcards

1
Q

What’s the purpose of criminal law?

A

To regulate public behavior and conduct.

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2
Q

What’s the purpose of civil law?

A

To regulate relations between individuals or groups.

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3
Q

What is a felony?

A

Carries a penalty of a year or more in prison.

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4
Q

What is a misdemeanor?

A

Carries a penalty of one year or less in prison.

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5
Q

Who brings on criminal cases?

A

The government.

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6
Q

What is a lawsuit? (Civil action)

A

A lawsuit is brought by someone who was wronged by another.

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7
Q

How must guilt be proven in criminal cases?

A

Guilt must be proven 100%. Juries must agree completely and there can be no other way the crime occurred.

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8
Q

How must guilt be proven in civil cases?

A

The plaintiff must have evidence. Juries must reach a majority decision of 51% in agreement that the defendant was responsible.

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9
Q

What is an arrest?

A

A person suspected of a crime is taken into custody.

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10
Q

What are two legal ways to search a property?

A

By probable cause- police have a reasonable belief a crime has been committed.
By warrant-court order stemming from the police, or witnesses.

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11
Q

What is a search warrant?

A

A court order is obtained from a judge who is convinced that there is a need to search a person’s place.

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12
Q

What is booking?

A

A formal process of making a police record of the arrest.

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13
Q

What is a judicial officer’s job?

A

Explains a criminal’s rights and charges before a hearing.

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14
Q

What is bail?

A

A person may be released after paying money.

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15
Q

What is personal recognizance?

A

A person promises the return and is likely to show up to a trial.

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16
Q

What is a grand jury indictment?

A

A jury that determines if there is enough evidence to continue to a trial. Formally charges a person with a crime.

17
Q

What are some rights you have at the trial?

A

6th Amendment rights to trial by jury of your peers. (12 people)
The jury must reach a complete agreement on a verdict.
You have the right to a fair, speedy, public trial.
May confront witnesses.

18
Q

What is direct examination?

A

When witnesses are first questioned by the prosecutor and then by the defense.

19
Q

Who sentences a criminal?

A

A judge

20
Q

What percent of cases go to trial?

A

Less than 2%

21
Q

What is prosecutorial discretion?

A

When there is no charge for a criminal.

22
Q

What is prosecutorial diversion?

A

First-time or special offenders avoid the criminal justice system.

23
Q

What is a plea bargain?

A

Admission of guilt in return for a lesser charge/sentence.

24
Q

What is utilitarianism?

A

To discourage someone from committing a crime in the future.

25
Q

What is retribution?

A

When someone is held accountable (penalty) for a crime.

26
Q

What is denunciation?

A

To announce publicly the wrongdoings of a criminal.

27
Q

What is a tort?

A

A wrongful act leading to civil liability.

28
Q

What is a liability?

A

Someone taking legal accountability.

29
Q

What is a remedy?

A

Compensation for an injury/loss.

30
Q

What is a settlement?

A

An official agreement to a civil case.

31
Q

What is the 4th Amendment?

A

There can be no unreasonable search or seizures on your property.