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intro to law and order Flashcards

0
Q

Compromise

A

Both sides give a little to get alittle

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1
Q

Conflict resolutions

A

Compromise
Consences building
Negotiation
Arbitration and meditation

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2
Q

Consensus building

A

Start with things both sides agree on and work from there

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3
Q

Negotiation

A

Bargaining. A discussion to settle a dispute or difference

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4
Q

Laws

A

Sets of rules that allow people to live peacefully

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5
Q

Purpose of laws

A
  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
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6
Q

What were the first laws

A

Code of Hammurabi

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7
Q

What is the english common law

A

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
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8
Q

Foundation of American law

A

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

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9
Q

Stare decisis

A

Precedent “let the decision strand “

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10
Q

Due process

A

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

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11
Q

Writ of have is corpus

A

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

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12
Q

Bail

A

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

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13
Q

Administrative law

A

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

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14
Q

Civil law

A

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”

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15
Q

Plaintiff

A

Person suing is the plaintiff

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16
Q

Defendant

A

Person being sued

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17
Q

Criminal law

A

Adversarial system of justice (1 side against another)

government plays the role of plaintiff brining charges against alleged criminal

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18
Q

Defendant

A

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

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19
Q

Constitutional law

A

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

These causes are ultimately decided by the Supreme Court

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20
Q

Who is a citizen

A

14th amendment: by birth it by naturalization

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21
Q

Citizen by birth

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

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

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22
Q

Citizen by naturalization

A

Legal process to become a citizen

Alien: citizen of another country living here

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23
Q

Immagration

A

-since 1820: about 70 mill immigrants

24
Q

Who regulates immigration

A

Congress- approximately 12 mill undocumented people in the us

25
Q

Rights of immigrants

A

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

26
Q

Equal protection

A

Applies o equal treatment as an element of fundamental fairness

27
Q

Gender protection

A

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

28
Q

Judge

A

In charge of trial

29
Q

Court reporter

A

Takes down every word -stenographer

30
Q

Baliff

A

Police officer

31
Q

Jury

A

12 people on

32
Q

What is a crime

A

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

33
Q

Criminal or penal code

A

Spells out the punishments

34
Q

Crimes against people

A

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

35
Q

Crimes against people

A

Burglary, robbery, theft, vandalism, fraud

36
Q

Misdemeanors

A

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

37
Q

Extradition

A

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

38
Q

Grand jury

A
  • 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)
39
Q

Steps in a criminal case

A
  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)
40
Q

Plea bargaining

A
  • an agreement to plead guilty and accord a less sever punishment
  • the majority of criminal cases are settled by plea bargains
41
Q

Probation

A

Convicted, but not put in prison (certain rules)

42
Q

Incarceration

A

To be sentence to a prison a prison term

43
Q

Parole

A

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

44
Q

What amendment prohibits “unreasonable” bail?

A

The 8th amendment

45
Q

Capital punishment

A

The death penalty

Only utilizes in certain types of cases

46
Q

Three strike rule

A

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

47
Q

Zero tolerance rule

A
  • punishments are automatic regardless of the individual circumstances
  • mostly deal with drugs and weapons at school
48
Q

Plaintiff in a civil lawsuit

A

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

49
Q

Defendant in a civil lawsuit

A

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

50
Q

The outcome out of a civil lawsuit

A

A settlement

51
Q

Steps in a civil case

A
  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
52
Q

Why are most civil cases resolved before trial?

A
  • 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
53
Q

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

A

You can appeal the decision to a higher court

54
Q

What is the purpose of a juvenile court?

A

To rehabilitate of correct a young persons behavior

55
Q

Juveniles courts handles 2 cases:

A
  1. Neglect

2. Delinquency

56
Q

Defense attorney

A

Representative of the defendant

57
Q

Predicting attorneys

A

Representative of plaintiff

58
Q

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

A

It ends in a mistrial

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