Civil Law

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Jurisprudence

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the study of law and legal philosophy.

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law

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the rules and regulations made and enforced by the government that regulate the conduct of people within a society.

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Universal Declaration of Human Rights

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a statement of human rights which has been agreed to be almost every country.

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Criminal laws

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regulate public conduct and set out duties owed to society.

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felonies

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penalty is a term or more than one year in prision.

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misdemeanors

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penalty is a prision term of one year or less.

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Civil laws

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regulate relations between individuals or groups of individuals.

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Civil action

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is a lawsuit that can be brought by a person who feels wronged or injured by another person.

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defendent

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the person accused of committing the crime.

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plantiff

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person who brings the case and is the person or company being harmed.

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prosecutor

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the governments attorney in a crimal case

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beyond resonable doubt

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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.

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preponderance of the evidence

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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.

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limited government

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a basic principle of our constituitional system. It limits government powers provided to it by the people.

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separation of powers

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the division of power among the branches of government (executive, legislative, and judicial.

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statutes

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law enacted by legislatures

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checks and balances

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the power of each of the three branches of government to limit the other branches' power, so as to prevent an abuse.

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veto

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to prevent enactment of a bill

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judicial review

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the process by which courts decide whether the laws pased by Congress or state legislatures are constitutional.

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unconstitutional

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conflicting with some part of the constitution.

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conflict of intrest

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when a person has two or more concerns that are incompatible.

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independent council

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an attorney hired to be impartial. They are to investigate misconduct by high ranking memebers of the executive branch, including the president.

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federalism

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the division of powers between the states and the federal government

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Bill of Rights

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the first ten amendments to the Constitution

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supremacy clause

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states that U.S. laws and treaties must be followed even if a stae and local laws disagree with the Constitution and these treaties.

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legislative intent

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what the lawmakers who passed a law wanted the law to mean.

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bills

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a draft of a propsed law beng considered by a legislature

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public hearings

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hearings that give individuals or buisnesses an opportunity to express their views on the proposals.

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trials

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a court preceeding

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appeals

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to take a case to a higher court for a rehearing

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appellate

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a court in which appeals from trial court decisions are heard

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precedent

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court decisions on legal questions that guide future cases with similar questions.

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lobbying

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a way to influence the lawmaking process by convicting lawmakers to as as you want them to.

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vote

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a basic constitutional right.

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initiative

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a procedure that enables a specified number of voters to propose a law by petition.

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recall

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the removal of an elected official from office by a vote of the people.

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negotiation

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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.

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settlement

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a mutual agreement between two sides in a lawsuit, made before the case goes to trial, that settles the or ends the diputes.

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arbitration

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both parties to a dispute agree to have another person listen to their arguments and make a decision for them.

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mediation

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a method of alternative dispute resolution. A third person listens to both sides and recommends a solution.

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ombudspersons

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investigates complaints and then helps the parties reach some agreement.

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trial courts

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listen to the testimony, consider evvidence, and decide the facts in a disputed situations.

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parties

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the people directly concerned with or taking part in any legal matter.

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plantiff

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the party bringing the legal action

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prosecutor

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the governments attorney in a criminal case.

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defendent

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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.

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adversary system

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the judicial system used in the U.S. It allows opposing parties to present their legal conflicts before an impartial judge or jury.

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inquisitional system

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a European method for handling diputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses.

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voir dire

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the process in which opposing lawyers question prospective jurors to get as favorable or as fair a jury as possible.

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removal for clause

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part of the jury selection process. It permits removal of any juror who does not appear capable of rendering a fair and impartial verdict.

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peremptory challenges

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the attorneys can have prospective jurors removed without stating a cause.

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error of the law

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a mistake made by the judge in a legal procedures or rulings during a trial that may allow the case to be appealed.

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dissenting opinion

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in a trial or appeal, the written opinion of a minority of judges who disagree with the decision of the majority.

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concurring opinion

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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.

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petitions for certiorari

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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.