Honors Civics Judicial Branch Terms

Question 1

Criminal Law

Answer 1

The law pertaining to the protection of society and the punishment of those who choose not to follow the rules of society.

Question 2

Civil Law

Answer 2

Law concerning the private arguments between members of society as opposed to criminal or military law.

Question 3

Burden of Proof

Answer 3

Whoever is being held as guilty, is innocent until proven so. The party doing the prosecuting is under the burden of proof. To prove or disprove a disputed fact.

Question 4

Reasonable Doubt

Answer 4

In criminal cases, defendants are found innocent unless proven to be guilty by the prosecution to the point that the jury feels no doubt.

Higher standard because freedom is at risk.

Question 5

Preponderance of the Evidence

Answer 5

Proving in a civil case that it is more likely than not that the other party is at fault and should be held liable.

Lower standard because freedom not at risk.

Question 6

Defendant

Answer 6

The one accused in any trial.

Question 7

Prosecution

Answer 7

The one doing the accusing in a criminal setting. It is always the government.

Question 8

Plaintiff

Answer 8

A person who brings a case against another person in the court of law.

Question 9

Jurisdiction (OG and Appellate)

Answer 9

The extent of a given court’s power to make legal decisions.

OG jurisdiction gives a court the ability to be the first to hear the case and first to give their verdict on the matter.

Appellate jurisdiction is the court which handles appeals from lower courts, or courts of OG jurisdiction.

Question 10

Trial Court

Answer 10

A court of original jurisdiction. Findings of fact and law made here and can appeal to higher court if they find the need.

Mock Trial.

Question 11

Misdemeanor

Answer 11

A minor crime typically punishable with a fine or no more than one year in prison. Less serious than a felony.

Question 12

Felony

Answer 12

A serious crime that is usually punishable by more than one year in prison.

Question 13

Petit Jury / Trial Jury

Answer 13

Typically made up of 6-12 people. In civil cases they listen to the evidence presented at the trial and decide if the information injured the plaintiff, in criminal cases the jury decides if the defendant committed the crime.

Question 14

Due Process

Answer 14

The principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards.

Question 15

Trial by Oath

Answer 15

Repeat after me…

God and religion play bigger role back then, scared of God’s wrath, so usually a pretty good way to get people to tell the truth.

Question 16

Trial by Ordeal

Answer 16

Accused must endure pain or hardship to prove innocence.

Ex. Arm in boiling oil or water —-> If God protects you, you’re innocent.

Witch testing is another example. The float test. Sinkers were innocent but dead, and floaters were burned at the stake anyway because Satan was trying to protect them.

Question 17

Trial by Battle

Answer 17

Sword fight to the death, God would only protect the innocent soul.