Gov't semester exam Flashcards
a system of rules that are enforced through social institutions to govern behavior.
law
a right that is believed to belong justifiably to every person.
human rights
the body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters.
civil law
A Criminal law or penal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people
Criminal Law
a person, especially a public official, who institutes legal proceedings against someone.
prosecutor
It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power.
Supremacy Clause
a constitutional right to reject a decision or proposal made by a law-making body.
veto
an individual, company, or institution sued or accused in a court of law.
defendant
a person who brings a case against another in a court of law.
plaintiff
a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.
felony
a non-indictable offense, regarded in the US (and formerly in the UK) as less serious than a felony.
misdemeanor
is the standard of evidence required to validate a criminal conviction in most adversarial legal systems. Generally, the prosecutor bears the burden of proof and is required to prove their version of events to this standard.
beyond reasonable doubt
a feeling of uncertainty or lack of conviction.
doubt
A standard of proof that must be met by a plaintiff if he or she is to win a civil action.
Preponderance of Evidence
a written law passed by a legislative body. A rule of an organization or institution.
statutes
not in accordance with a political constitution, especially the US Constitution, or with procedural rules.
unconstitutional
the federal principle or system of government. The principles of the Federalist Party.
federalism
a special right, advantage, or immunity granted or available only to a particular person or group of people.
privileges
a moral or legal entitlement to have or obtain something or to act in a certain way.
rights
a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
habeas corpus
a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way.one’s power to enforce compliance or submission; one’s authority.
writ
The formal document by which the state sets out the claim that a person has committed a crime.
Indictment Definition
is a complete, ordered listing of all the items in a collection. The term is commonly used in mathematics and theoretical computer science (as well as applied computer science) to refer to a listing of all of the elements of a set.
enumeration
an extremely offensive word or expression.
obscenity
the action of damaging the good reputation of someone; slander or libel.
defamation
the action or crime of making a false spoken statement damaging to a person’s reputation.
slander
a published false statement that is damaging to a person’s reputation; a written defamation.
libel
the action of provoking unlawful behavior or urging someone to behave unlawfully
incitement
divide into four equal or corresponding parts, be stationed or lodged in a specified place.
quartered
the practice of officially examining books, movies, etc., and suppressing unacceptable parts.
censorship
a law that protects witnesses from revealing certain information, especially in court
shield law
a group of people gathered together in one place for a common purpose
assembly
is a place that has, by tradition or practice, been held out for general use by the public for speech-related purposes.
public forum
a formal written request, typically one signed by many people, appealing to authority with respect to a particular cause.
petition
the regular administration of the law, according to which no citizen may be denied his or her legal rights and all laws must conform to fundamental, accepted legal principles, as the right of the accused to confront his or her accusers.
due process
the action or state of setting someone or something apart from other people or things or being set apart.
segregation
the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.
discrimination
set right (an undesirable situation).
remedy
the policy of favoring members of a disadvantaged group who suffer from discrimination within a culture.
affirmative action
an organized association of workers formed to protect and further their rights and interests; a labor union.
union
negotiation of wages and other conditions of employment by an organized body of employees.
collective bargaining
a refusal to work organized by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer.
strike
a person stationed by a union or the like outside a factory, store, mine, etc., in order to dissuade or prevent workers or customers from entering it during a strike.
picketing
Alabama, Arizona, Arkansas, Kansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas,Utah, Virginia, Wisconsin, and Wyoming.
right-to work states
means calling attention to wrongdoing that is occurring within an organization. Reporting wrongdoing or a violation of the law to the proper authorities.
whistle blowing
is a matter of agreement between an employer and an employee (or the employee’s representative). The Employee Benefits Security Administration (EBSA) may be able to assist an employee who did not receive ________ benefits under their employer-sponsored plan.
severance pay
A source of income for workers who have lost their jobs through no fault of their own
unemployment insurance
this is gained by meeting the legal requirements of a national, state, or local government. A nation grants certain rights and privileges to its citizens
citizenship
the legal act or process by which a non-citizen in a country may acquire citizenship or nationality of that country.
naturalization
an endorsement on a passport indicating that the holder is allowed to enter, leave, or stay for a specified period of time in a country.
visa
when you get officially granted immigration benefits, which include permission to reside and take employment in the United States.
permanent resident
the protection granted by a nation to someone who has left their native country as a political refugee.
asylum
all the descendants of a common ancestor.
family
unity between two people
marriage
permission to do something
consent
the act of going through a marriage ceremony while already married to another person.
bigamy
exists in three specific forms: polygyny - wherein a man has multiple simultaneous wives; polyandry - wherein a woman has multiple simultaneous husbands; or group marriage - wherein the family unit consists of multiple husbands and multiple wives.
polygamy
the action or fact of adopting or being adopted.
adoption
is a complex series of procedures used to treat fertility or genetic problems and assist with the conception of a child. During IVF, mature eggs are collected (retrieved) from your ovaries and fertilized by sperm in a lab.
in vitro fertilization
a substitute, especially a person deputizing for another in a specific role or office.
surrogate
is a written contract created by two people before they are married. A _____ typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage.
prenup
live together and have a sexual relationship without being married.
cohabit
(especially in legal contexts) the state of being someone’s father.
patnernity
the fact or process of being set free from legal, social, or political restrictions; liberation.
emancipation
physical maltreatment or sexual molestation of a child.
child abuse
is defined as a type of maltreatment related to the failure to provide needed, age-appropriate care. Unlike physical and sexual abuse, neglect is usually typified by an ongoing pattern of inadequate care and is readily observed by individuals in close contact with the child.
child neglect
an adult who is sexually attracted to young children.
pedophile
, “separate maintenance”, “divorce a mensa et thoro”, or “divorce from bed-and-board”) is a legal process by which a married couple may formalize a de facto
separation
the act of annulling something.
annulment
the legal dissolution of a marriage by a court or other competent body.
divorce
a husband’s or wife’s court-ordered provision for a spouse after separation or divorce.
alimony
A custodial parent is a parent who is given physical and/or legal custody of a child by court orde
custody
is a system in which a minor has been placed into a ward, group home, or private home of a state-certified caregiver referred to as a “foster parent”. The placement of the child is usually arranged through the government or a social-service agency.
foster care
intimate partner violence, battering or family violence) is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation.
spousal abuse
any government system that provides monetary assistance to people with an inadequate or no income.
social security
is the federal health insurance program for people who are 65 or older, certain younger people with disabilities, and people with End-Stage Renal Disease (permanent kidney failure requiring dialysis or a transplant, sometimes called ESRD).
medicare
A joint federal and state program that helps low-income individuals or families pay for the costs associated with long-term medical and custodial care, provided they qualify. Although largely funded by the federal government
medicaid
systems network architecture
S.N.A
a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law.
contract
careful thought, typically over a period of time.
consideration
having the necessary ability, knowledge, or skill to do something successfully.
competent
The act of signing for another person’s debt which involves a legal obligation made by the cosigner to make payment on the other person’s debt should that person default
cosign
an act of breaking or failing to observe a law, agreement, or code of conduct.
breach
wrongful or criminal deception intended to result in financial or personal gain.
fraud
physical harm caused to something in such a way as to impair its value, usefulness, or normal function.
damages
not right or reasonable.
unconscionable
the revocation, cancellation, or repeal of a law, order, or agreement.
rescission
the restoration of something lost or stolen to its proper owner.
restitution
a written guarantee, issued to the purchaser of an article by its manufacturer, promising to repair or replace it if necessary within a specified period of time.
warranty
medicine or treatment for a disease or injury.
remedy
a statement that denies something, especially responsibility.
disclaimer
the ability of a customer to obtain goods or services before payment, based on the trust that payment will be made in the future.
credit
a person or company to whom money is owed.
creditor
.
money paid regularly at a particular rate for the use of money lent, or for delaying the repayment of a debt.
interest
The annual rate that is charged for borrowing (or made by investing), expressed as a single percentage number that represents the actual yearly cost of funds over the term of a loan. This includes any fees or additional costs associated with the transaction
apr
the illegal action or practice of lending money at unreasonably high rates of interest.
usury
the state of being completely lacking in a particular quality or value.
bakruptcy
.
failure to fulfill an obligation, especially to repay a loan or appear in a court of law.
default
a person or institution that owes a sum of money.
debtor
a sum of money lent or invested on which interest is paid.
principal
something pledged as security for repayment of a loan, to be forfeited in the event of a default.
collateral
is a term used to denote a financial institution taking back an object that was either used as collateral or rented or leased.
repossesses
a right to keep possession of property belonging to another person until a debt owed by that person is discharged.
lien
a court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.
garnishment
an extra part or extension that is or can be attached to something to perform a particular function.
attachment
a name that describes someone’s position or job.
title
a contract by which one party conveys land, property, services, etc., to another for a specified time, usually in return for a periodic payment.
lease
the charging of real (or personal) property by a debtor to a creditor as security for a debt (especially one incurred by the purchase of the property), on the condition that it shall be returned on payment of the debt within a certain period.
mortgage
a bond, deed, or other document kept in the custody of a third party, taking effect only when a specified condition has been fulfilled.
escrow
the action of expelling someone, especially a tenant, from a property; expulsion.
eviction
the judicial authorities of a country; judges collectively.
judiciary
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
precedent
are spoken to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevai
oral arguments
A brief (Old French from Latin “brevis”, short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales, the phrase refers to the papers given to a barrister when they are instructed.
written brief
review by the US Supreme Court of the constitutional validity of a legislative act.
judicial review
“to be informed of, or to be made certain in regard to”. It is also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court.
writ of ceritori
the official power to make legal decisions and judgments.
jurisdiction
an impartial adviser, often voluntary, to a court of law in a particular case.
amicus curiae
not interested or involved in politics.
apolitical
a formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings.
trial
(of an unofficial force) organized similarly to a military force.
paramilitary
the available body of facts or information indicating whether a belief or proposition is true or valid.
evidence
a person who publicly supports or recommends a particular cause or policy.
advocate
is a legal phrase that refers to a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth
voir dire
A retainer agreement is a work for hire contract. It falls between a one-time contract and full-time employment. Its distinguishing feature is that the employer pays in advance for work to be specified later
retainer
is any fee for services provided where the fee is payable only if there is a favourable result. In the law, it is defined as a “fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court.
contingency fee
a special right, advantage, or immunity granted or available only to a particular person or group of people.
privelage
expel (a lawyer) from the Bar, so that they no longer have the right to practice law.
disbarred
reasonable grounds (for making a search, pressing a charge, etc.).
probable cause
an act of reserving accommodations, travel, etc., or of buying a ticket in advance.
booking
the action of arraigning someone in court.
arraignment
the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.
bail
is witness’s sworn out-of-court testimony. It used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the “deponent.
deposition
free (someone) from a criminal charge by a verdict of not guilty.
acquittal
a formal charge or accusation of a serious crime.
indictment
a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt.
nolo contendere
the compulsory disclosure, by a party to an action, of relevant documents referred to by the other party.
discovery
is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
plea bargain
Under penalty. A writ issued by a court commanding a person to appear, with penalties that attach for failure to comply.
subpoena
is the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behavior that opposes or defies authority, justice, and dignity of the court.
contempt of the court
An exemption from a duty or penalty. A permanent status, as for a diplomat, exempting one from being sued or prosecuted for certain actions. A special status, granted by a prosecutor, exempting a witness from being prosecuted for the acts to which he or she testifies.
immunity
a jury is unable to reach a verdict and there must be a new trial with a new jury; 2) there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial.
mistrial
Retributive justice is a theory of justice that considers punishment, if proportionate, to be the best response to crime. When an offender breaks the law, justice requires that they forfeit something in return.
retribution
A principle or objective of sentencing a person guilty of a crime which ensures that the punishment is sufficient to deter the guilty person, and others, from committing the same crime.
deterrence
is the re-integration into society of a convicted person and the main objective of modern penal policy, to counter habitual offending, also known as criminal recidivism.
rehabilitation
the restoration of something lost or stolen to its proper owner.
resitiution
deprived of strength or power; debilitated.
incapacitation
the legally authorized killing of someone as punishment for a crime.
capital punishment
is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.
mitigating circumstances
Factors that increases the severity or culpability of a criminal act, including, but not limited to, heinousness of the crime, lack of remorse, and prior conviction of another crime
aggravating circumstances
the release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior.
parole
Definition. In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or “lying in wait” for the victim.
first degree murder
a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility
second degree murder
usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony
unintentional manslaughter
Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the “heat of passion.” The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder
intentional manslaughter
