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Street Law Test Flashcards

1
Q

Trial courts

A

Courts that listen to testimony, consider evidence, and decide the facts in a disputed situation

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2
Q

Parties

A

The people directly concerned with or taking part in any legal matter

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3
Q

Plaintiff

A

In a civil case, the injured party who brings any legal action against the alleged wrongdoer

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4
Q

Prosecutor

A

The state or federal governments attorney in a criminal case

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5
Q

Defendant

A

The person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing the crime.

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6
Q

Adversarial system

A

The judicial system used in the United States. Allows opposing parties to present their legal conflicts before an impartial judge or jury

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7
Q

Inquisitional system

A

A European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses

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8
Q

Plea bargain

A

In a criminal case, the negotiations between the prosecutor, defendant, and defendants attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, usually resulting in a less serious punishment.

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9
Q

Voir dire

A

From the French phrase meaning “to speak the truth.” It is the screening process in which lawyers question prospective jurors to ensure as favorable or fair a jury as possible

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10
Q

Three tiered system- appeals court

A 
State and Federal courts both have 3 tiers. 
State:
1. Municipal 
2. District 
3. Appeals court
Federal
1. District 
2. Appellate court 
3. Supreme Court
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11
Q

Precedent

A

Court decision on a legal question that guides future cases with similar questions

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12
Q

Dissenting opinion

A

In a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority

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13
Q

Concurring opinion

A

An additional written court opinion in which a judge or judges agree with the court decision, but for different reasons than those supported by the majority

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14
Q

Dual system of state and federal courts

A

Each has three tiers
State: municipal, district, and appeals
Federal: district, appellate, and Supreme Court

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15
Q

The Supreme Court of the United States (SCOTUS)

A

The Supreme Court is the highest ranking court in the court system. They generally deal with cases that are concerning federal law, and only accept a small percent of cases per year. Of the 5,000 they receive annually, they can only take 150.

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16
Q

Petition of certiorari

A

Certiorari is a Latin word meaning “to be informed of.” It is a formal application by a party to have a lower court decision reviewed by the Supreme Court, which has discretion to approve or deny the request.

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17
Q

Stare decisis

A

The rule stating that precedent must be followed, providing the legal system with predictability and stability

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18
Q

International courts

A

International courts are ones that are formed by treaties among nations or under the authority of an international organization, such as the United Nations.

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19
Q

Tribal Courts

A

Courts on indian land, have the power to alter their government, establish citizenship, impose taxes, among other things

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20
Q

Military courts

A

Enforced by a court martial, the military court has the jurisdiction to determine the guilt of members of the armed forces subject to the military law, and if the defendant is found guilty, to enforce punishment.

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21
Q

Gideon vs. Wainwright (Bets vs. Brady)

A

Gideon vs. Wainwright helped establish that every defendant is entitled to a fair trial, and guaranteed a legal counsel. Bets vs. Brady was a case where the Supreme Court denied the defendant counsel, which was famously overruled by Gideon vs. Wainwright.

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22
Q

6th Amendment rights

A

All accused are entitled to a fair and speedy public trial, by an impartial jury of the state. The accused has compulsory process for obtaining witnesses in their favor, and to have assistance of legal counsel for their defense.

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23
Q

State of mind (mens rea)

A

Most crimes require that the actor has a guilty state of mind, meaning he or she purposefully commits the crime. Mens rea is a Latin term used to describe the guilty state of mind

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24
Q

Strict liability

A

Legal responsibility for damage or injury, even if you aren’t being negligent

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25
Statutory rape
Known as rape of a child in WA, it is the act of unlawful sex by an adult with someone under the age of consent, even if the minor is willing
26
Felony
Serious criminal offense punishable by a prison sentence of more than one year
27
Misdemeanor
Offense less serious than a felony, punishable by a lesion sentence of one year or less
28
Principal
The person who commits the crime
29
Accomplice
Person who voluntarily helps another person commit a crime
30
Accessory
Person who helps commit a crime, but is not present at the crime. Accessory before the fact is someone who encourages/orders/helps with the crime. Accessory after the fact is someone, who knowing the crime has been committed, helps conceal the crime or criminal
31
Inchoate crimes
Crimes committed before/in preparation for a crime
32
Attempt
Effort to commit a crime, but doesn't result in the commission of the crime
33
Conspiracy
Agreement between 2 or more people to commit a crime
34
Arrest
To take a person suspected of crime into custody
35
Arrest warrant
A court ordered document authorizing police to arrest an individual on a specific charge
36
Probable cause
A reasonable belief, known personally or through reliable resources, that a person has committed a crime
37
Reasonable suspicion
Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity, based less on evidence than probable cause, but more than a mere hunch
38
Stop and frisk
To "pat down" or search the outer clothing of someone whom the police believe is acting suspicious
39
Search and seizure
Where authorities who suspect a crime has been committed, do a search and seize any relevant evidence to the crime
40
4th amendment rights
People have the right to be secure in their own homes, security of their effects, and protection against unlawful search and seizures. A warrant is has to be issued based on probable cause for any effects to be searched and seized.
41
Exclusionary rule
A legal rule that generally prohibits the use of illegally obtained evidence against a defendant at trial; generally applies to violations of a defendants 4th, 5th, or 6th amendment rights
42
Consent to search
Where the person in suspect consents to a search of their effects or home
43
Search warrant
A court order issued by a judge or magistrate, giving police the power to search a person or enter a building to search for and seize items related to a crime
44
Affidavit
A written statement of facts sworn to or made under oath before someone authorized to administer an oath
45
Plain view
When contraband is in plain sight of the officer, and they have the ability to then seize it
46
Hot pursuit
Refers to the urgent and direct pursuit of a criminal suspect by law enforcement officers
47
Contraband
Any items that are illegal to possess
48
Public school searches
School officials have the right to search lockers, due to them being school property. Personal items must have reasonable suspicion to be searched. Drug tests can be conducted when it comes to extracurricular school activities. K-9 searches are considered non-intrusive and can be conducted.
49
Interrogate
To question a witness or suspected criminal
50
Self-incriminate
Giving evidence and answering questions that would tend to subject one to criminal prosecution
51
5th amendment rights
No person may be tried for the same crime twice (double jeopardy), no private property may be taken for public use without compensation, and no person shall be held to answer for a capital crime without grand jury indictment
52
Confessions
Admitting to a crime
53
Miranda vs. Arizona
The case regarding Miranda rights, where you must be informed of your rights before they are arrested.
54
Miranda warnings
Rights that a person must be informed of before taken into custody. This includes the right to remain silent, to contact a lawyer, and have a free lawyer if the person arrested cannot afford them.
55
Custodial integration
Questioning by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of movement
56
Due process
Idea stated in the 5th and 14th amendment that every person in a legal dispute is entitled to a fair trial
57
Waive
Give up a right, privilege, or benefit voluntarily
58
Voir dire challenges
Determining whether or not someone will be biased, choosing who will give your client the best shot at a trial
59
Subpoena
Court order to appear in court or turn over documents at a specific time and date
60
Contempt of court
Any act to embarrass, hinder, or obstruct the court
61
Immunity
Protected from a certain action
62
Double jeopardy
Not allowed. This would be the process of trying a defendant for the same case multiple times. A defendant can not be tried for the same crime a second time
63
5th amendment right
Prevents double jeopardy
64
Mistrial
Termination of a trial before conclusion due to an error
65
Writ
Judges order or authorization for something to be done
66
Habeas corpus
Order for law enforcement to appear in court to make sure prisoner is being held lawfully
67
Probation
System of supervised freedom
68
Restitution
Act of restoring something to its owner
69
Retribution
Punishment for wrongdoing
70
Deterrence
Measures taken to deter criminal action
71
Rehabilitation
Process where a convicted person is changed or reformed
72
Incapacitation
Reason for confinement to protect society from the actions of the person confined
73
Parole
Release from prison before sentence is over
74
Capital punishment
The death penalty
75
Aggravating circumstances
Factors that increase the seriousness of the offense
76
Mitigating circumstances
Factors that lessen the seriousness of the offense
77
Civil vs. criminal offenses
Civil offenses involve violations of administrative manors. Examples would be contempt of court, orders to pay child support, or business violations. Generally less serious offenses. Criminal offenses arise from a violation of statutes prohibiting a certain action. Criminal offenses can involve a fine, an arrest, or confinement in prison. Criminal offenses include but aren't limited to, driving under the influence, murder, or assault.
78
Tort
The concept of tort law is to redress a wrong done to a person, usually awarding monetary damages as compensation. Tort is the area of law regarding the majority of civil lawsuits
79
Stella Liebeck vs. McDonalds
Liebeck sued McDonalds over medical damages cause by their coffee being too hot. This resulted in a very controversial case that brought to light many other claims made against McDonalds regarding coffee being too hot. Initially, she just wanted her medical expenses covered. When McDonalds refused to fully cover the expenses, she pursued compensation for the expenses and the injury
80
1st amendment rights
Congress shall make no law respecting an establishment of religion, or prohibiting the exercise of religion. They may also not restrict the freedom of speech, of press, or the right for people to peacefully protest.
81
Free Speech
The ability to voice your opinion without censorship or restraint
82
Obscenity
A general term applying to anything immoral, indecent, or rude
83
Defamation
Written or spoken expression about a person that is false and damages that person's reputation
84
Slander
Spoken expression about a person that us false and damages their reputation
85
Libel
A written expression about a person that is false and damages their reputation
86
Commercial speech
Speech that us directed at buying or seeking of goods and services. The law treats commercial speech different from political speech and other forms of expression
87
Fighting words
A legal term applying words spoken face to face that are so abusive that they are likely to cause an imminent fight between the speaker and the ears spoken to. Such words are not usually entitled to First Amendment protection
88
Clear and present danger
A test used by the courts to restrict speech when the government thought that the speech would create an imminent danger of serious harm
89
Incitement speech
A method used by courts to determine whether to restrict or punish expression based on its potential to cause immediate unlawful behavior
90
Hate speech
Bigoted speech attacking or disparaging a social or ethnic group or a member of such a group
91
Speech restrictions
Speech can be restricted when it is pertaining to certain contents, such as pornography. Also, it can be restricted based on when the appropriate time for the speech is. Such as, you possibly can't proclaim your love at 2 am using a bullhorn
92
Public forum
Any place, such as a park or street, where first amendment expression rights are traditionally exercised
93
Symbolic speech
Conduct that expresses a idea (for example, a black armband to protest a war)
94
First amendment in public schools
No religion may be established, and can not be promoted by a school official. Press can be controlled by school officials. Freedom of speech is still applied
95
Tinker vs. Des Moines
Freedom of speech does not stop at the schools. Symbolic speech is still allowed. In this case, it was black armbands protesting a war. However, freedom of speech can be restricted if it is deemed to be disruptive
96
Establishment Clause
Part of the first amendment that prohibits government from establishing a church or preferring one religion over another
97
Free exercise clause
Part if the first amendment that gives the individuals the right to worship who they choose
98
Procedural due process
A legal doctrine where government officials must follow fair procedures before depriving a person of life, liberty, or property
99
Substantive due process
Rights given to the courts to restrict certain actions by law enforcement, prosecutors, and judges
100
Terms for a judge
For life, or for "good behavior"
101
Judge qualifications for service
The judges are nominated by the president, and then confirmed by the senate
102
Treason
The betrayal of one's own country by waging war against it in some way or another
103
Who are the courts organized by?
Congress

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