Civil and Criminal Law Flashcards
What’s the purpose of criminal law?
To regulate public behavior and conduct.
What’s the purpose of civil law?
To regulate relations between individuals or groups.
What is a felony?
Carries a penalty of a year or more in prison.
What is a misdemeanor?
Carries a penalty of one year or less in prison.
Who brings on criminal cases?
The government.
What is a lawsuit? (Civil action)
A lawsuit is brought by someone who was wronged by another.
How must guilt be proven in criminal cases?
Guilt must be proven 100%. Juries must agree completely and there can be no other way the crime occurred.
How must guilt be proven in civil cases?
The plaintiff must have evidence. Juries must reach a majority decision of 51% in agreement that the defendant was responsible.
What is an arrest?
A person suspected of a crime is taken into custody.
What are two legal ways to search a property?
By probable cause- police have a reasonable belief a crime has been committed.
By warrant-court order stemming from the police, or witnesses.
What is a search warrant?
A court order is obtained from a judge who is convinced that there is a need to search a person’s place.
What is booking?
A formal process of making a police record of the arrest.
What is a judicial officer’s job?
Explains a criminal’s rights and charges before a hearing.
What is bail?
A person may be released after paying money.
What is personal recognizance?
A person promises the return and is likely to show up to a trial.
What is a grand jury indictment?
A jury that determines if there is enough evidence to continue to a trial. Formally charges a person with a crime.
What are some rights you have at the trial?
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.
What is direct examination?
When witnesses are first questioned by the prosecutor and then by the defense.
Who sentences a criminal?
A judge
What percent of cases go to trial?
Less than 2%
What is prosecutorial discretion?
When there is no charge for a criminal.
What is prosecutorial diversion?
First-time or special offenders avoid the criminal justice system.
What is a plea bargain?
Admission of guilt in return for a lesser charge/sentence.
What is utilitarianism?
To discourage someone from committing a crime in the future.
What is retribution?
When someone is held accountable (penalty) for a crime.
What is denunciation?
To announce publicly the wrongdoings of a criminal.
What is a tort?
A wrongful act leading to civil liability.
What is a liability?
Someone taking legal accountability.
What is a remedy?
Compensation for an injury/loss.
What is a settlement?
An official agreement to a civil case.
What is the 4th Amendment?
There can be no unreasonable search or seizures on your property.
