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46 Cards in this Set

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Hammurabi's Code

include characteristics
First written code of law
-Many harsh penalties
-laws and penalties say something about the time
Roman made a science of the law called BLANK
Jurisprudence
Jurisprudence means
the study of law
Napoleonic Code
French emperor Napoleon Bonaparte updated the Justinian Code and called it this.
The most important source of of American laws is
English Law
Common Law
Law based on court decisions rather than than on a legal code.
Precedents- know
legal opinions that became part of the common law.
common law is a combo of
roman law and canon law
Statutes
A law written by a legislative branch
Criminal Law
Laws that seek to prevent people from deliberately harming each other or each other's property.
In criminal cases the government in always the BLANK
Why?
Plaintiff - system of justice assumes that society-everyone- is the victim when a crime is committed.
Plaintiff
The party that brings the charges against the alleged criminal
Defendant
Individual group or person being sued
Crimes are graded as either BLANK or BLANK
felonies / misdemeanors
Examples of felonies
Murder , rape , kidnapping , robbery , etc.
Examples of Misdemeanors
Vandalism , stealing inexpensive items , writing bad checks for low amounts ,etc.
Typically Misdemeanors are punished with :
a fine or a jail sentence of less than one yr
Civil Cases
-Civil cases involve disputes between people or groups in which no criminal laws have been broken .
-State does not take legal action.
-IN these individuals believe they have lost something of value or suffered some damage because of someone else's blameworthy actions
-Civil case might also involve someone accused of plagiarism
-Also cover torts
-Family law- divorce , custody , child/spouse abuse
When A civil case goes to ct it is called a :
Lawsuit
Lawsuit
Is a legal action in which a person or group sues to collect damage for some harm that is done.
torts
ex
civil wrongs

- responsible for damage because of negligence ex: neighbor fails to clear sidewalk and you fall and injure urself
Public Law
-also called constitutional law
-involves rights guaranteed under the constitution
-Another element of public law is Administrative Law
-Statutory Law is another example of Public Law
International Law
-Comprises treaties ,customs , and agreements among nations =.
-Might involve military and diplomatic treaties , trade regulations , international agreements , etc.
-Violations of international law may be brought to the International Court of Justice aka the a World Ct. - Hague , Netherlands
roles of different branches of gov.
Ex: carries out laws
Leg: Makes laws
Jud: sets laws by interpreting them
Stare Decisis means
"Let the decision stand"
the writ of Habeas Corpus
-"produce the body"
-requires an official who has arrested someone to bring that person to ct and explain why he/she is being held.
-Article 1
Bill of Attainder
-Article 1
-a law that punishes a person accused of a crime without a trial or a fair hearing in ct.
Ex post faco law
-Article 1
-Law that would allow a person to be punished for an action that was not against the law when it was committed.
Due Process of Law
-Guarrented in in 14th and 15th amendment
-in part the gov. may not take our lives , liberty , or property except according to the proper excercise of law.
-Law requires all be treated equally, forbids unequal and unfair treatment on factors such as gender , race or religion.
bench trial
trial with out a jury , just a judge
injunction
a court order commanding a person or group to stop a certain action
complaint
formal statement naming the plaintiff and the defendant and describing the nature of the lawsuit.
a summons
defendant receives a doc telling them a suit is against them and ordering them to appear in ct on given time and date.
in which type of case : beyond a reasonible doubt and "preponderance of evidence"
Beyond: criminal

Preponderance : Civil
Procedure in a criminal case
1.Police arrest and book suspect
2.Preliminary Hearing:
-Suspect appears before a judge
-Bail is set
3.Arraignment
#1: -defendant pleads not guilty-trial date is set
#2-Defendant pleads guilty and accepts a plea bargain.
4. Trial
-Prosecution and defense present case to jury(or judge)
-Jury (or judge) reaches verdict
5.#1 Acquittal - Defendant found not guilty and let go
or
#2. -defendant found guilty
-Judge sentences defendant
arraignment
in hearing in which a suspect is charged and pleads guilty or not guilty
Kno pros and cons of plea bargaining
page 372
testimony
the answers given while under oath
Acquittal
a vote of not guilty
hung jury
when a jury cannot decide on a verdict it is a hung jury , and trial is is ruled a mistrial.
Pleadings
the complaint and the answer together are the pleadings
Discovery
Time of checking facts , and gathering evidence /
Juveniall
anyone under age 18
juvenial delinquents
people under 18 who commit crimes
Primary goal of juvenille cts is to try and
Rehabilitate , correct the person's behavior not punish them.
In re Gualt - how did this case establish rights for juvenile offenders?
Right to counsel , fight to confront witnesses , and right not to incriminate themselves also that parents must be informed as soon as possible.