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55 Cards in this Set

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  • Back
Jurisprudence
the study of law and legal philosophy.
law
the rules and regulations made and enforced by the government that regulate the conduct of people within a society.
Universal Declaration of Human Rights
a statement of human rights which has been agreed to be almost every country.
Criminal laws
regulate public conduct and set out duties owed to society.
felonies
penalty is a term or more than one year in prision.
misdemeanors
penalty is a prision term of one year or less.
Civil laws
regulate relations between individuals or groups of individuals.
Civil action
is a lawsuit that can be brought by a person who feels wronged or injured by another person.
defendent
the person accused of committing the crime.
plantiff
person who brings the case and is the person or company being harmed.
prosecutor
the governments attorney in a crimal case
beyond resonable doubt
the level of proof required to convict a person of a crime. It does not mean "convinced 100 percent" but does mean there is no reasonable doubts as to giult.
preponderance of the evidence
usually the standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit. To win, a party must provide evidence that is more convincing than the other side's evidence.
limited government
a basic principle of our constituitional system. It limits government powers provided to it by the people.
separation of powers
the division of power among the branches of government (executive, legislative, and judicial.
statutes
law enacted by legislatures
checks and balances
the power of each of the three branches of government to limit the other branches' power, so as to prevent an abuse.
veto
to prevent enactment of a bill
judicial review
the process by which courts decide whether the laws pased by Congress or state legislatures are constitutional.
unconstitutional
conflicting with some part of the constitution.
conflict of intrest
when a person has two or more concerns that are incompatible.
independent council
an attorney hired to be impartial. They are to investigate misconduct by high ranking memebers of the executive branch, including the president.
federalism
the division of powers between the states and the federal government
Bill of Rights
the first ten amendments to the Constitution
supremacy clause
states that U.S. laws and treaties must be followed even if a stae and local laws disagree with the Constitution and these treaties.
legislative intent
what the lawmakers who passed a law wanted the law to mean.
bills
a draft of a propsed law beng considered by a legislature
public hearings
hearings that give individuals or buisnesses an opportunity to express their views on the proposals.
trials
a court preceeding
appeals
to take a case to a higher court for a rehearing
appellate
a court in which appeals from trial court decisions are heard
precedent
court decisions on legal questions that guide future cases with similar questions.
lobbying
a way to influence the lawmaking process by convicting lawmakers to as as you want them to.
vote
a basic constitutional right.
initiative
a procedure that enables a specified number of voters to propose a law by petition.
recall
the removal of an elected official from office by a vote of the people.
negotiation
is the process by which people involved in a disputable talk to eachother about their problem and try to reach a solution acceptable to all.
settlement
a mutual agreement between two sides in a lawsuit, made before the case goes to trial, that settles the or ends the diputes.
arbitration
both parties to a dispute agree to have another person listen to their arguments and make a decision for them.
mediation
a method of alternative dispute resolution. A third person listens to both sides and recommends a solution.
ombudspersons
investigates complaints and then helps the parties reach some agreement.
trial courts
listen to the testimony, consider evvidence, and decide the facts in a disputed situations.
parties
the people directly concerned with or taking part in any legal matter.
plantiff
the party bringing the legal action
prosecutor
the governments attorney in a criminal case.
defendent
the person against whom a claim is made. In a civil suit the defendent is the person being suid; in a criminal case the defendent is the person charged with committing a crime.
adversary system
the judicial system used in the U.S. It allows opposing parties to present their legal conflicts before an impartial judge or jury.
inquisitional system
a European method for handling diputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses.
voir dire
the process in which opposing lawyers question prospective jurors to get as favorable or as fair a jury as possible.
removal for clause
part of the jury selection process. It permits removal of any juror who does not appear capable of rendering a fair and impartial verdict.
peremptory challenges
the attorneys can have prospective jurors removed without stating a cause.
error of the law
a mistake made by the judge in a legal procedures or rulings during a trial that may allow the case to be appealed.
dissenting opinion
in a trial or appeal, the written opinion of a minority of judges who disagree with the decision of the majority.
concurring opinion
an additional court opinion in which a judge agrees with the decision reached by the court, but not neccesarily with the reasoning behing that decision.
petitions for certiorari
formal application by which a party of lower court decision reviewed by the U.S. Supreme Court, which has discretion to approve or deny any such application.