Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
94 Cards in this Set
- Front
- Back
|
- Administrative Law
|
: the rules and regulations that government agencies use to carry out statutory law and the procedures through which those rules and regulations are created and practiced, also the body of laws that create government agencies and govern judicial review of actions taken by government agencies
|
|
|
- Arraignment:
|
in a criminal case, a court hearing in which the defendant is formally charged with a crime, informed of his or her rights, and required to enter a plea to the charge
|
|
|
- Bail:
|
money that is paid to guarantee that a defendant will appear in court if he or she is released from jail while awaiting trial in a criminal case
|
|
|
- Bond:
|
bail money that is held as a security to ensure that an accused person will not flee from the jurisdiction of the court if released (money is returned upon trial)
|
|
|
- Capital Punishment:
|
the death penalty. Can only be ordered for a defendant that has been convicted of a specified serious crime such as murder or treason
|
|
|
- Common Law:
|
a body of aw that developed from traditional customs, or precedents
|
|
|
- Constitutional Interpretation:
|
a judicial function in which judges determine the meaning of the state’s or federal constitution as it relates to a case before the court
|
|
|
- County:
|
the unit of government directly below state government, generally governed by elected boards, or commissions although some are run by a single appointed or elected official
|
|
|
- Defendant:
|
the party accused in a civil or criminal court accused of committing a wrongful act
|
|
|
- Felony:
|
a major violation of criminal law that almost always calls for a minimum scheduled sentence of a year in prison
|
|
|
- Grand Jury:
|
a panel of 12 to 23 citizens who review evidence that a prosecutor against a person accused of a crime. The grand jury also determines if the government has enough evidence to issue an indictment and bring the person to trial
|
|
|
- Hung Jury:
|
a jury that is divided over case and unable to come to a unanimous decision about a defendant’s guilt of innocence
|
|
|
- Indictment:
|
a formal document issued by a grand jury, that names and charges an individual criminal law, usually a felony
|
|
|
- Information:
|
a formal document0 issued to the court- by a state’s prosecuting
|
|
|
attorney-
|
charging a specific individual with a violation of criminal law. This process is used in states that do not use the Grand Jury system
|
|
|
- Juvenile Delinquent:
|
a young person that is judged guilty of a criminal offense. The age of a juvenile may very from under 16 to under 21 years of age, depending on the state
|
|
|
- Misdemeanor:
|
a minor violation of a criminal law that is generally punished by a fine or by a jail term of less than one year
|
|
|
- No Contest Plea:
|
a formal answer in court in which a defendant states simply that he or she will not fight the charge, but neither proclaims innocent or admits guilt
|
|
|
- Parole:
|
the release of a prisoner before he or she has served a full sentence
|
|
|
- Petit Jury:
|
a group of citizens who decide the verdict in a civil or criminal trial
|
|
|
Plaintiff:
|
the party who brings a legal action in a court of law
|
|
|
- Plea Bargain:
|
in a criminal court case, an agreement negotiated by between the prosecutor and the defendant and his or her attorney to avoid the time expense, and uncertain outcome of a trial
|
|
|
- Peremptory challenge:
|
in choosing a jury for a trial the right of either the defense or the prosecution to reject a possible juror without providing reason
|
|
|
- Probation:
|
freedom granted to a person convicted of a crime with the condition that he or she meet certain conditions of good behavior for a specified period of time
|
|
|
- Sequester:
|
to isolate the jury from the public during trial
|
|
|
- Statutory Interpretation:
|
a judicial function in which a judge decides a law’s meaning in regards to a specific court case
|
|
|
- Statutory Law:
|
all regulations put forth by a law-making government body
|
|
|
- Subpoena:
|
a written order requiring a person to testify in court as a witness or to bring certain items to court as evidence
|
|
|
- Voir dire:
|
the questioning of prospective jurors- by the judge and prosecuting and defense attorneys in a court case- to see if they are acceptable- to the judge and the attorneys- to serve on a jury (means: “to speak the truth”
|
|
|
MIchigan supreme court has __ _____ judges.
|
7, elected
|
|
|
michigan supreme court judges serve a(n) ____ year term
|
8
|
|
|
The cheif justice of michigan's supreme court _____, and is _____ by the judges every __ year
|
rotates, elected, 2
|
|
|
where is mi's supreme court based?
|
lansing
|
|
|
what are the qualifications of being a michigan supreme court judge?
|
- MI resident
- under 70 - law license |
|
|
what is the highest court in MI?
|
The court of last appeal
|
|
|
how many court of appeals judges?
|
28
|
|
|
judges of the appeals court are elected from what 4 districts?
|
lansing, grand rapids, detroit, marquette
|
|
|
Qualifications to be a court of appeals judge?
|
- under 70
- law license - live in the district elected from |
|
|
How is the cheif justice position chosen in the ppeals court?`
|
chosen by justices every two years
|
|
|
The circuit court deals with cases above $_______ and are ____ and some _____
|
25,000 , felonies , misdeameanors
|
|
|
The circuit court deals with cases above $_______ and are ____ and some _____
|
25,000 , felonies , misdeameanors
|
|
|
all domestic and divorce cases are dealt with where?
|
circuit court
|
|
|
how many circuits are there and where are they usually?
|
57, usually along county lines depending on population
|
|
|
how many judges on circuit court?
|
217
|
|
|
how do judges get on circuit court?
|
elected every 6 years
|
|
|
What circuit court is bay county? how many judges?
|
18th, 3 judges
|
|
|
There are how many probate courts?
|
78
|
|
|
How many judges are on probate court? how many part time?
|
103, 14
|
|
|
what do probate courts usually deal with?
|
juvenile justice, wills, estates, property and official records
|
|
|
What do district courts deal with?
|
civil cases below 25,00$, misdemeanors, evictions, land proceedings
|
|
|
Judge may appoint ____ to help in less serious offenses like warrants.
|
magistrate
|
|
|
district court judges are elected to a ____ - year term
|
6
|
|
|
how many district courts? how many judges?
|
105, 258
|
|
|
What district court is bay county? how many judges?
|
74th, 3
|
|
|
Michigan laws are ______ in the michigan compiled law books, 1979
|
codified (written down)
|
|
|
there are thousands of ____, each state gives the date when created and the description of the crime and the sentencing guidelines.
|
statutes
|
|
|
Each crime has a _____ for sentencing, judge _____ go beyond
|
guideline, cannot
|
|
|
What is Michigan's highest punishable sentence?
|
life in prison without parole
|
|
|
how many states do not have the death penalty? does michigan?
|
12, michigan
|
|
|
how many police in the US?
|
725,000
|
|
|
types and levels of law enforcement
|
state, local, federal
|
|
|
closest we have to a national police force
|
FBI
|
|
|
if police do not witness a crime what do they need to arrest?
|
an arrest warrant
|
|
|
what does a bond do<
|
ensures that one will not flee from jurisdiction of the court
|
|
|
what is the prosecutor's job in the preliminary hearing?
|
persuades the judge that there is sufficient reason for trial
|
|
|
what does it mean to be sequestered
|
isolated
|
|
|
what is a plea bargain
|
pleads guilty to a less serious charge
|
|
|
what is sometyhing one may participate in on probation
|
drug treatment or mantain employment
|
|
|
a prison is a state or federal institution where inmates serve a sentence of _______ or more
|
1 year
|
|
|
A jail is a ____ institution where acused persons await trial, _____ or transfer to a correctional institution
|
county, sentencing
|
|
|
what does department of corrections do?
|
decide if offenders should be sent to a maximum or minimum security prison
|
|
|
what are four arguments to put someone behind bars?
|
public safety, punishment, rehab, deterent from future crimes
|
|
|
three possible juvenile court penalties
|
pay fine, probation, community service
|
|
|
where and when were the first boot camps established?
|
georgia, 1983
|
|
|
how many boot camps in the US?
|
70
|
|
|
how long can a boot camp sentence last
|
30-300 days
|
|
|
why are boot camps less expensive than prison?
|
spend less money per inmate
|
|
|
What are the 6 types of law?
|
common, stauatory, constitutional, adminstrative,criminal and civil law
|
|
|
In what types of court cases are common law applied?
|
stare decisis
|
|
|
Which country's legal system uses traditional robes and wigs?
|
englands
|
|
|
The creation of new statutes is called _________ _______
|
stauatory interpretation
|
|
|
Statutes are valid as long as they are not in conflict with the ______
|
constitution
|
|
|
______ law includes the regulations made by executive departments and agencies.
|
administrative
|
|
|
Congress authorizes agencies to... 1,2,3
|
-make regulations or rules that fill in the details of legislation
- enforce the rules they make - attempt to resolve disputes that arise over their enforcement measures |
|
|
Statutory Law can be divided into ____ or ___ law
|
civil, criminal
|
|
|
Criminal law covers ___ and ____
|
felonies, misdemeanors
|
|
|
which s more sever? felony or misdemeanor?
|
felony
|
|
|
To find a person guilty of a crime, guilt must be established beyond ______ ______
|
reasonable doubt
|
|
|
_____ law involves disputes in which private property brings a lawsuit against another for causing harm
|
civil
|
|
|
What is a person seeking when he/she files a lawsuit?
|
a remedy, money, property, action
|
|
|
The person who brings the lawsuit is called the _____
|
plaintiff
|
|
|
The person that the lawsuit is filed against is called the _____
|
defedant
|
|
|
Three major categories of civil law involves ______, ______, and ______ law.
|
contracts, torts, property
|
|
|
What is a tort?
|
harms that one person causes another and the victim may receive damages, usually accidents, car wrecks
|
