Civil Law

Front 1

Tort

Back 1

set of rules that govern civil wrongdoing

Front 2

Plaintiff

Back 2

injured party

Front 3

Defendant

Back 3

Alleged wrongdoer

Front 4

Tort action

Back 4

most common lawsuit

Front 5

Tort laws

Back 5

require to act with reasonable care

Front 6

Wrongful act

Back 6

violation of one's duty

careless
did/didn't do something

Front 7

Settlement

Back 7

agreement before trial

Front 8

no-settlement

Back 8

go to trial

Front 9

Types of torts

Back 9

Intentional wrong
negligence
strict liability

Front 10

Intentional wrong

Back 10

action w/ intent to injure or harm property

Front 11

Negligence

Back 11

failure to exercise reasonable care

Front 12

Strict liability

(3)

Back 12

dangerous activity/animals/manufacturers of faulty products

Front 13

Workers compensation

Back 13

compensate employees hurt on the job

normally 2/3 of salary

no right to sue

Front 14

torts that injure a person

(4)

Back 14

Assault
infliction of emotional or mental distress
false imprisonment
defamation of character

Front 15

Torts that harm property

(3)

Back 15

personal
real
insurance

Front 16

conversion

Back 16

unlawfully exercises control over your property

Front 17

real property

Back 17

trespassing
nuisance

Front 18

Premiums

Back 18

payments made to the insurance company

Front 19

liability

Back 19

injuries to other people and property

Front 20

collision

Back 20

damages to your car if your fault

Front 21

deductible

Back 21

amount paid toward repairs before insurance pays

Front 22

comprehensive

Back 22

protects you from damage to your car other then crashes

Front 23

Defenses

(6)

Back 23

No crime has been committed
DIdn't commit the crime
Justifiable
Not responsible for their actions
Insanity
Entrapment

Front 24

No crime has been committed

Back 24

honest mistake

Front 25

Didn't commit the crime

Back 25

alibi
evidence defendant was somewhere else when the crime was committed

Front 26

Justifiable

Back 26

reasonable force, self defense

Front 27

Not responsible for their actions

Back 27

infancy- under 7
intoxication

Front 28

intoxication

Back 28

not a defense if voluntary

effects intent, will lessen crime

Front 29

Insanity

Back 29

insane at the time of the crime

Front 30

guilty but mentally ill

Back 30

hospital, then prison recovery

12 states

Front 31

not guilty by reason of insanity

Back 31

mental institution

not in 3 states

Front 32

Entrapment

Back 32

persuaded by police

not used in serious crimes

Front 33

Sentencing options

(8)

Back 33

suspended sentence
probation
home confinement
fine
restitution
work release
imprisonment
death

Front 34

Suspended sentence

Back 34

doesn't have to be served unless the violate terms of agreement

Front 35

probation

Back 35

released to parole officer

must abide by rules

Front 36

Home confinement

Back 36

serve time at home

Front 37

Fine

Back 37

pay an amount determined by the court

Front 38

Restitution

Back 38

pay back or make up for what is lost

Front 39

Imprisonment

Back 39

served in prison

may be definite/indefinite

Front 40

Death

Back 40

lethal injection/gas

varies by state

Front 41

Purposes of punishment

(4)

Back 41

Retribution
Deterrence
Rehabilitation
Incapacitation

Front 42

Retribution

Back 42

"an eye for an eye"

the role of "revenge" is taken on by society

Front 43

Deterrence

Back 43

meant to deter others

Front 44

Rehabilitation

Back 44

help change behavior

Front 45

Incapacitation

Back 45

removes them from society for protection

Front 46

Bail

Back 46

release assures the defendant will return to court

8th ammendment

Front 47

Preliminary hearing

Back 47

decision if there is enough evidence to go to trial

evidence that a crime was committed and they did it

Front 48

nolo contendere

Back 48

no contest

doesn't admit guilt

Front 49

Motions
(4)

Back 49

discovery of evidence
continuance
change of venue
suppress evidence

Front 50

discovery of evidence

Back 50

examine evidence from prosecution

Front 51

Continuance

Back 51

more time to prepare

Front 52

change in venue

Back 52

move location of trial

Front 53

suppress evidence

Back 53

not allow illegally obtained evidence

Front 54

Plea bargaining

Back 54

negotiations between the defendant and attorneys

lesser charge

saves $

Front 55

Role of judges

Back 55

non-jury: decides facts and renders judgement
jury- instruct jury

protect rights
make sure rules are followed

Front 56

Juries

Back 56

12 people

Front 57

Jury requirements

Back 57

18 yrs. old
resident of area
us citizen

Front 58

voir dire

Back 58

process of screening jurors

Front 59

removal for a cause

Back 59

related to attorneys/parties
stand to benefit
already formed an opinion

Front 60

Peremptory challenges

Back 60

remove juror without cause


limitted

Front 61

Treatments/punishments

(3)

Back 61

community corrections
Halfway house
Jail/prison-retribution and rehabilitation

Front 62

Rights to prisoners

(5)

Back 62

no cruel and unusual punishment
religion
due process
medical treatment
law libraries and court

Front 63

overcrowding

Back 63

set tough-on-crime policy
increasing mandatory sentencing
lengthening prison terms
decreasing early release

Front 64

Steps in a trial

Back 64

opening statements
examinations and cross-examinations
motions
closing statements
rebuttal argument
jury instructions
deliberations of jury
verdict read
pre-sentencing hearing
sentencing