Pgs. 10-13 Vocab Flashcards

1
Q

criminal law

A

the branch of law that deals with crimes and their punishment

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2
Q

felony

A

a serious criminal offence punishable by a prison sentence of more than one year

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3
Q

misdemeanor

A

a criminal offense less serious, punishable by a prison sentence of one year or less

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4
Q

civil law

A

all law that does not involve criminal matters. such as contract and tort law; usually deals with private rights of individuals, groups, or businesses

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5
Q

civil action

A

a noncriminal lawsuit, brought to enforce a right or redress a wrong

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6
Q

defendant

A

the person against who a claim is made; civil suit - person being sued; criminal case - person charged with committing a crime

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7
Q

plaintiff

A

civil case - the injured party who brings legal action against the alleged wrongdoer

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8
Q

prosecutor

A

the state or federal government’s attorney in a criminal case

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9
Q

beyond a reasonable doubt

A

level of proof required to convict a criminal; does not mean to be ‘100% convinced ‘ but does mean there are no reasonable doubts as to guilt

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10
Q

preponderance of the evidence

A

used in civil suits; the burden of proof that a party must meet in order to win the lawsuit - involves providing evidence that is more convincing than the other side’s evidence

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11
Q

limited government

A

basic principle of our constitution; it limits the government’s powers provided by the people

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12
Q

separation of powers

A

the division of powers among branches of government (executive, legislative, judicial)

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13
Q

status

A

written laws enacted by legislatures

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14
Q

checks and balances

A

the power of each of the three branches of government to limit the other branches’ power, so as to prevent an abuse

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15
Q

veto

A

prohibit; the power of the chief executive to prevent enactment of a bill (prevent becoming a law)

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16
Q

judicial review

A

the process by which a court decides whether the laws passed by Congress or state legislatures are constitutional

17
Q

unconstitutional

A

conflicting with some provision of the constitution

18
Q

federalism

A

the division of powers between the states and the federal government

19
Q

bill of rights

A

the first ten amendments to the constitution - guarantees basic individual rights to all persons in the US

20
Q

law

A

system of rules, prolgated and enforced by the government of a particular country or community, which regulates the actions of its members and may be enforced by the imposition of penalties

21
Q

rule of law

A

idea that the country should be ruled by laws, not individuals

22
Q

common law

A

courts made laws, two people come before the judge, cases presented

23
Q

magna carta

A

‘great charter’ - free treatment needed to be given to everyone, including ruler

24
Q

social contract

A

agreement to live together under the common good

25
John Locke
believed in natural law, social contract
26
Jean Jacques-Rosseau
believed in equality, freedom, and the common good
27
Baron de Montesquieu
maintain law and order
28
evidence
used to sway the jury as proof that something happened
29
precedent
example; must be followed by other cases
30
voir dire
examination/questioning of the potential jurors
31
removal for cause
attorney request removal of a potential juror who appears incapable of rendering a fair verdict
32
peremptory challenge
prospective juror can be removed without stating cause
33
writ of certiorari
request for the Supreme Court to review a case
34
stare decisis
all courts must stand by the US Supreme Court's decision