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47 Cards in this Set
- Front
- Back
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Law |
Set of rules and standards by which a society governs itself |
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Constitutional law |
Law that involves the interpretation and application of the US constitution and state constitutions |
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Statute |
A law written by legislative branch |
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Ordinance |
A law or stature passed by city council |
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Statutory law |
A law that is written down so that everyone might know and understand it |
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Administrative law |
Law that spells out the authority procedures rules and regulations to be followed by government agencies |
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Common law |
Law made by judges in the process kf resolving individual cases |
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Equity |
A system of rules by which disputes are resolved on grounds of fairness |
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Due process |
Principle in the 5th and 14th amendments stating that the government must follow proper constitutional procedures in trials and in other actions it takes against individuals |
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Procedural due process |
Principle the prohibits arbitrary enforcement of law and also provides safeguards to ensure that constitutional and statutory rights are protected by law enforcement |
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Substantive due process |
Certain rights of individuals in the application of laws some that are specified in the Constitution (freedom of speech) and some that are not specified (right of privacy) |
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Adversary system |
A judicial system in which opposing lawyers present their strongest cases |
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Presumed innocence |
The presumption that a person is innocent until proven guilty |
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Civil law |
Rules governing disputes among two or more individuals or between individuals and the government |
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Contract |
Set of voluntary promises enforced by the law between two or more parties |
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Expressed contract |
A contract in which the terms are specifically stated usually in writing |
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Real property |
Land and whatever is attached to or growing on it |
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Personal property |
Movable belongings such as clothing and jewelry as well as tangible items like stocks bonds copyrights and patents |
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Morgage |
A loan taken out to pay for a house |
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Tort |
A wrongful act other than breach of contract for which an injured party has the right to sue |
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Plaintiff |
A person who brings charges in court |
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Defendant |
The person against whom a civil or Criminal suit is brought in court |
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Injunction |
In order that will stop a particular action or enforce a rule or regulation |
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Complaint |
A legal document filed with the court that has jurisdiction over the problem |
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Summons |
An official notice of a lawsuit that includes the date time the place and initial court appearance |
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Answer |
A formal response by defendant to the charges in a complaint |
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Discovery |
Process when both sides prepare for a trial by gathering evidence to support their case |
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Mediation |
A process in which each side is given the opportunity to explain its side of the dispute and must listen to the other side |
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Affidavit |
Corinne statement to prove statements of fact signed by witness under oath |
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Criminal law |
Rules governing crimes and their punishment |
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Criminal justice system |
System of state and federal courts police and prisons that enforce criminal law |
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Petty offence |
A minor crime usually punished by ticket rather than being arrested |
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Misdemeanor |
A minor crime that is usually punished by fine or jail sentence of less than one year |
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Felony |
A minor crime |
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Arrest warrant |
The judge naming the individual to be arrested for a specific crime |
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Grand jury |
The group that hears charges against a suspect and decides whether there is significant evidence to bring a person to trial |
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Indictment |
No charge by a grand jury |
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Information |
A sworn statement by a prosecution that there is significant evidence for a trial |
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Plea bargaining |
The process in which a defendant pleads guilty to a lesser crime than the one with which the defendant was originally charged |
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Jury |
A group of citizens that hear evidence during the trial and gives a verdict |
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Verdict |
Decision |
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Hung jury |
A jury that is unable to reach a decision |
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Sentence |
The punishment to be imposed on an offender after a guilty verdict |
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Exclusionary rule |
Any illegally obtained evidence cannot be used in a federal court |
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Counsel |
An attorney |
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Self-incrimination |
Testifying against oneself |
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Double jeopardy |
Free trial of a person who was acquitted in a previous trial for the same crime |
