intro to law and order

Question 0

Compromise

Answer 0

Both sides give a little to get alittle

Question 1

Conflict resolutions

Answer 1

Compromise
Consences building
Negotiation
Arbitration and meditation

Question 2

Consensus building

Answer 2

Start with things both sides agree on and work from there

Question 3

Negotiation

Answer 3

Bargaining. A discussion to settle a dispute or difference

Question 4

Laws

Answer 4

Sets of rules that allow people to live peacefully

Question 5

Purpose of laws

Answer 5

1. Keep peace and prevent violent acts
2. Set punishments to discourage potential criminals
3. Set the rules for resolving civil disputes (money, property, contracts)
4. Should be fair and treat people equally

Question 6

What were the first laws

Answer 6

Code of Hammurabi

Question 7

What is the english common law

Answer 7

Greatest contributor to the American legal system in English common law

• system built on precedent
• established the concept of trial by jury and innocent until proven guilty

Question 8

Foundation of American law

Answer 8

Is central to the American legal system and to the decision making in Supreme Court

Question 9

Stare decisis

Answer 9

Precedent “let the decision strand “

Question 10

Due process

Answer 10

Gov. Can’t take life, liberty, property, without the proper excersise of the law (protected in 5th and 14th amendment)

Question 11

Writ of have is corpus

Answer 11

Requires an official who has made an arrest must bring that person to court and explain why he/she is being held

Question 12

Bail

Answer 12

A sum of money and arrested person pays to a court in order to win release from jail while waiting on trial
-money is returned if shows up to court

Question 13

Administrative law

Answer 13

Governs and regulates federal and state agencies Ex) business must comply with a new environment - social security of workers compensation claims

Question 14

Civil law

Answer 14

Settle disputes between individuals where no law has been broken ex) a person or group sued to collect monetary damage for some harm that has been done. This is called a “Tort”

Question 15

Plaintiff

Answer 15

Person suing is the plaintiff

Question 16

Defendant

Answer 16

Person being sued

Question 17

Criminal law

Answer 17

Adversarial system of justice (1 side against another)

government plays the role of plaintiff brining charges against alleged criminal

Question 18

Defendant

Answer 18

Is the accused criminal defending himself/ herself against the states charges

Ex) any breach of federal officials state law (aka statutory law) would be persecuted in criminal court

Question 19

Constitutional law

Answer 19

Refers to cases that requires an interpretation of the U.S. Constitution

These causes are ultimately decided by the Supreme Court

Question 20

Who is a citizen

Answer 20

14th amendment: by birth it by naturalization

Question 21

Citizen by birth

Answer 21

• jus soli (by soil)- born on american soil

* jus sanguins (by blood) -both to American parents

Question 22

Citizen by naturalization

Answer 22

Legal process to become a citizen

Alien: citizen of another country living here

Question 23

Immagration

Answer 23

-since 1820: about 70 mill immigrants

Question 24

Who regulates immigration

Answer 24

Congress- approximately 12 mill undocumented people in the us

Question 25

Rights of immigrants

Answer 25

Can't vote-can't have fire arms- yes to due process

Question 26

Equal protection

Answer 26

Applies o equal treatment as an element of fundamental fairness

Question 27

Gender protection

Answer 27

Title 9: prohibits educational discrimination including academic, programs and athletics

Question 28

Judge

Answer 28

In charge of trial

Question 29

Court reporter

Answer 29

Takes down every word -stenographer

Question 30

Baliff

Answer 30

Police officer

Question 31

Jury

Answer 31

12 people on

Question 32

What is a crime

Answer 32

An act that breaks a federal or state criminal law and causes harm to people or Society in general

Question 33

Criminal or penal code

Answer 33

Spells out the punishments

Question 34

Crimes against people

Answer 34

Violent or potentially violent crimes such as murder, manslaughter, assault, rape, and kidnapping

Question 35

Crimes against people

Answer 35

Burglary, robbery, theft, vandalism, fraud

Question 36

Misdemeanors

Answer 36

Are less serious crimes that often do not go to trial- traffic infraction, simple assault, possession

Question 37

Extradition

Answer 37

Someone in nc commits. And crime goes to another state and that states officials catch them the will be sent back to nc Same treaty with others countries

Question 38

Grand jury

Answer 38

- a jury that meats to decide if there is enough evidence for a trial - only prosecutor goes before the grand jury - grand juries are usually 24 ppl - grand jury can issue indictments (formal charges)

Question 39

Steps in a criminal case

Answer 39

1. Make arrest 2. Preliminary hearing- suspect appears in court and informed charges 3. Indictment- the prosecution creates a formal written charge against the suspect 4. Arraignment- formally presented charges and please if plea not guilty 5. Trial 6. Verdict- guilty (sentencing), not guilty (a quoted) and Hung Jury (mistrial)

Question 40

Plea bargaining

Answer 40

- an agreement to plead guilty and accord a less sever punishment - the majority of criminal cases are settled by plea bargains

Question 41

Probation

Answer 41

Convicted, but not put in prison (certain rules)

Question 42

Incarceration

Answer 42

To be sentence to a prison a prison term

Question 43

Parole

Answer 43

To be released form prison and closely monetary fine or community service

Question 44

What amendment prohibits "unreasonable" bail?

Answer 44

The 8th amendment

Question 45

Capital punishment

Answer 45

The death penalty | Only utilizes in certain types of cases

Question 46

Three strike rule

Answer 46

In about half of the states, three felony convictions results in a mandatory sentence of 25 years to life

Question 47

Zero tolerance rule

Answer 47

- punishments are automatic regardless of the individual circumstances - mostly deal with drugs and weapons at school

Question 48

Plaintiff in a civil lawsuit

Answer 48

Party bringing the lawsuit claims that a loss has occurred and demands damages and/ or compensation

Question 49

Defendant in a civil lawsuit

Answer 49

The party being sued argues that they are not responsible for damage or loss

Question 50

The outcome out of a civil lawsuit

Answer 50

A settlement

Question 51

Steps in a civil case

Answer 51

1. Hire a lawyer 2. Plaintiffs lawyer filed a complaint 3. Court sends the defendant a summons to appear in a court at a given date and time 4. Defendant responds to the charges by filing an answer to the complaint 5. Discovery phase 6. Plaintiff then the defendant present their sides of the case in a court 7. Court issued a verdict

Question 52

Why are most civil cases resolved before trial?

Answer 52

- outcomes are hard to predict so negotiated settlements give some predictability in the case - most courts have a backlog of civil cases meaning it could be years waiting on a trial - trials and legal assistance are so explore that both sides likely wait to end the spending

Question 53

What can you do if you lose the verdict in a civil case?

Answer 53

You can appeal the decision to a higher court

Question 54

What is the purpose of a juvenile court?

Answer 54

To rehabilitate of correct a young persons behavior

Question 55

Juveniles courts handles 2 cases:

Answer 55

1. Neglect | 2. Delinquency

Question 56

Defense attorney

Answer 56

Representative of the defendant

Question 57

Predicting attorneys

Answer 57

Representative of plaintiff

Question 58

What does it mean if a case ends in a hung jury?

Answer 58

It ends in a mistrial