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139 Cards in this Set

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What are the four types of values that law is based on?
Moral, Economic, Political and Social
What do moral values deal with?
What is right and wrong
What do economic values deal with?
Encourage buying of products to share wealth with borrowing of money or discourage stealing like shoplifting
What relationship does political values reflect on?
Government to Individual
What do social value issues concern with?
Things important to society like free education.
Do some laws combine more than one value?
Yes,

Theft
Moral-stealing is wrong

Economic- protection of property

Political-gov't punishing people for violating a statute

Social- respecting others property
Example of Balancing rights and responsibilities

If one is able to be tried by juries of their peers they must ____________________________.
be willing to serve on such juries themselves
Some laws make sure people act responsibility.

Name one example.
Parents must provide children with food,shelter, clothing

Drivers must obey laws

Workers must pay taxes
What kind of Laws regulate public conduct and set out duties owed to society?
Criminal Laws
What kind of laws regulate relations between individuals or groups of individuals?
Civil Laws
In Criminal Law it is ____ vs the Defendant
Either Government/Prosecution
In Civil Law it is ______ vs defendant.
Plantiff
In Criminal law prosecution must prove __________.
Burden beyong a reasonable doubt.
In Civil law liability is decided upong over a __________.
Preponderence of evidence.
In Criminal Law the defendant must establish ________.
Reasonable Doubt.
In Civil Law the plantiff may be awarded remedy which can be ____ or _____.
Money or property
A felony punishment is ___________.
More than one year in prison
A misdeameanor punishment is ________.
Prison term one year or less.
What is a civil action?
A lawsuit that can be brought by a person who feels wronged or injured by another person.
In good samaritan laws it requires witness to offer _________.
Any reasonabl help without endangering themselves.

In violent crime it can mean reporting it to the police.
What is an initiative?
a procedure thant enables a specified number of voters to propose a law by petition.
What is a referendum?
Is when a legislative act is refered to the voters for final approval or rejection.
What is a recall?
allows voters to remove elected officials from office.
What is a negotiation?
A process by which people involved in a dispute discuss their problem and try to reach a solution acceptable to all.
What is a settlement?
agreement before case goes to trial (90% never make it to trial)
What is arbitration?
When both parties in a dispute agree to have one or more persons listen to their arguments and make a descision for them.
What is mediation?
Another method of alternative dispute resolution. When a third person helps the disputing parties talking about their problem and settle their differences.
What is the trial system in the United States?
Adversarial System
What is the Adversial System?
Where lawyers try to win, the truth is supposed to fall out somewhere in between.
Why would one appeal?
They think their is an error of law!
The descicions of an appelate court set _________.
Precedent
Who does opening statements first?

Plantiff or defendant
Plantiff
Who does closing first Plantiff or Defendant?
Plantiff
Who calls witness first plantiff or defendant?
Plantiff
What comes after closing arguments?
Rebuttal argument
What comes after rebuttal's?
Jury instructions
What is dissenting opinion?
iT STates the reasons for the disagreement.
What is concurring opinon?
Reasons for supporting majority opinion usually different from norm.
True or False

In a non jury trial a judge enforces rules/procedures and determines facts and renders judgment?
TRUE
Who renders judgement in a jury trial?
Jury
In federal cases trials start in _________.
U.S. District Court
In Federal cases if a case is appealed it is brought to the ______.
U.S. Circuit Court of appeals.
In Local cases the trials start in _________.
Municipal or county court.
In Local cases if first appealed the case goes to the _______.
Intermediate court of appeals.
In Local cases if a case is appealed twice it goes to __________.
State Supreme Court
In federal cases if a case is appealed twice it goes to ___________.
U.S. Supreme Court
To be found guilty some neccassary terms in criminal law is? (4)
Guilty state of mind, motive, strict liabilty and all the elements.
Who is the princiapl in a crime?
The one who commits it!
Who is an accomplice?
Someone who helps the principal commit a crime.
Who is an accessory before the fact?
Someone who orders a crime or helps the princiapl commit the crim but is not present during the crime.
Who is an accessory after the fact?
A person who kning a crime has been commited helps the principal or accomplice avoid capture or helps them escape.
What is solicitation?
WHen a person asks, commands, urges, or advises another person to commit a crime.
What is an attempt?
When someone performs all of the elements of a crime but fails to achieve the criminal result.
What is conspiracy?
An agreement between two or more persons to commit a crime.
Murder is killing that is done with ________.
Malice
Malice is __________.
Having intent to kill or to seriously harm another person or acting extremeley recklessy putting lives in danger.
What are the 3 main elements of First-Degree Murder?
1. Premeditated
2. Deliberate
3. Malice
What are the 3 main elements of 2nd-Degree Murder?
1.No premediation
2. No deliberation
3.Malice
When does Voluntary manslaughter occur?
Person kills someone where a reasonable person would lose self-control or act rashly.

However, words alone can not cause this.

And can not be deemed this is they had a "cool down" period.
Involuntary Manslaughter
Killing in which there is no intent to kill at all.


-Playing with a gun known to be loaded (EXAMPLE)
What are the four types of values that law is based on?
Moral, Economic, Political and Social
What do moral values deal with?
What is right and wrong
What do economic values deal with?
Encourage buying of products to share wealth with borrowing of money or discourage stealing like shoplifting
What relationship does political values reflect on?
Government to Individual
What do social value issues concern with?
Things important to society like free education.
Do some laws combine more than one value?
Yes,

Theft
Moral-stealing is wrong

Economic- protection of property

Political-gov't punishing people for violating a statute

Social- respecting others property
Example of Balancing rights and responsibilities

If one is able to be tried by juries of their peers they must ____________________________.
be willing to serve on such juries themselves
Some laws make sure people act responsibility.

Name one example.
Parents must provide children with food,shelter, clothing

Drivers must obey laws

Workers must pay taxes
What kind of Laws regulate public conduct and set out duties owed to society?
Criminal Laws
What kind of laws regulate relations between individuals or groups of individuals?
Civil Laws
In Criminal Law it is ____ vs the Defendant
Either Government/Prosecution
In Civil Law it is ______ vs defendant.
Plantiff
In Criminal law prosecution must prove __________.
Burden beyong a reasonable doubt.
In Civil law liability is decided upong over a __________.
Preponderence of evidence.
In Criminal Law the defendant must establish ________.
Reasonable Doubt.
What is negligent Homicide?
Causing death through criminal negligence.
What is negligence?
Failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to someone
What is assault?
Assault is any attempt or threat to carry out a physical attack upon another person.
What is battery?
Is any unlwaful physical contact inflicted by one person upon another person without consent

-Actual injury does not need to occur
-Only requirement is that person must have intended to do bodily harm.
What is Rape?
Sexual intercourse without consent.

Consent can not be given if
1. Unconscious
2. Mentally incompentant
3. Under the Influence
What is Statutory Rape?
intercourse between an adult and a minor.

-Even with conesent it is rape

18=Adult
What is arson?
Willfull and malicious burning of a persons property.
What is vandalism?
Willfull destruction of or damage to property of another.

-Can be felony or misdemeanor
What is larceny?
Unlawful taking and carrying away of the property of another person with intent to permanently deprive the owner of it.

2 typed
1.Grand->$100-Felony
2.Petty- <$100-Misdemeanor

Shoplifting is a form of larceny

PickPocketing is an example of larceny.
What is embezzlement?
Unlawful taking of property by someone to whom it was entrusted

-Bank cashier taking money.
What is robbery?
Unlawful taking of property from a person's immediate possession by force or intimidation.

-Actual/Potential physical harm

Mugger hits you down is robbery
What is extortion?
blackmail, use of threats to obtain the property of another.

Covers Threats to...
1. Do physical harm
2. Destory propery
3. Hurt persons reputation
What is burglary?
Breaking and entering into the dwelling of another person with inten to commit a fellon with in.
What is forgery?
Is a crime in which a person falsley makes or alters the writing of a document with intent to defraud.
What are 4 types of defenses?
1. No crime has been committed
2. Defendant did not commite the crime
3. Defendant commited the criminal act but the act was excusable or justifiable
4.Defendant Committed a Criminal Act but is not Criminally Responsible for his actions
If the defense is no crime has been commited one must prove all the ______ are not satisfied.
Elements of the crime
If the Defendant did not commit the crime thye may offer a _________.
Allibi
If a person thinks their criminal act is excused or justifiable they may claim _______.(3 examples)
1. Self Defense
2. Defense of property
3. Defense of others.
Is deadly force able to be used to defend property?
NOO!!
Someone may not be criminally responsible for their actions if _______. (6)
1. Too young (infancy...<7yrs.)
2.Intoxication
3.Insanity
4.Entrapment
5.Duress
6. Necessity
What is Duress?
Someone does something undr duress if he does something as a result of a threat of imediate danger to life or personal safety.
What is neccessity?
Someone is under nescessity if he is compelled to react to a situation that is unavoidable in order to protect life.

-NOT A DEFENSE TO HOMICIDE!
What is probabale cause?
Having reasonable belief specific person commiteed a crime.
What are the 7 ways to search without a warrent?
1. Search with a lawful arrest
Police can check immediate area, reaonable proabbaly not the trunk of a car

2. Stop and Frisk
Stop person reasonably believed to behaviving suspiciously

3. Consent

4. Plain View
If legally searches for something else sees something else in plain view yes they can take it if its reasonable

5. Hot Pursuit
FOllowing a suspect

6. Emergency Situations
-bomb threats, smoke screaming

7. border or airport searches
How many justices are on the supreme court?
9
How many cases appeal to the supereme court a year?
8,000
How many cases are actually heard in the supreme court a year?
80
How many justices must vote in order to hear the case in the supreme court
4 out of 9
How many justices must vote in favor one way to decide a case
Majority = 5 out of 9
How is the supreme court justices picked (2 steps)
1.President nominates
2. Senate Votes
How much time do the lawyers get in arguing before supreme court
30 minutes each.
How many people are in the house of representatives and how long is each term?
435 members

2 year term

proportional
How many people are in the senate and how long is each term?
100 members

6 year term
When a bill is introduced where does it first go and how much of a vote is need to pass?
House of Reps.

simple majority
Where does a bill go secondly after it is introduced?
The senate
If a bill passess both house then senate it goes to the executive branch, the president, and what are his 2 options to do with the bill and how long does he have?
1. Sign the bill = LAw
2. Veto the bill

10 days to decide
If a bill is vetoed it goes where first?

And how much of a vote does it need to move on?
1. House of reps
2. 2/3 vote
Where can a bill be overturned finnally, and how much of a vote does it need?
1. In the Senate 2/3 majority
Name the 5 steps in order on the stepping ladder before thy can be convicted. (5th step=convistion)
1. Stimuli (reason to pull someone over
2. Reasonable suspicion
3. Probable Cause
4. Gather of EVidence
5. Conviction beyond reasonable doubt
When do you have to be told your miranda rights?
Only if you are arrested/detained.
Up/Down?

Which way does protection go after arrest?
Entitlement to protection goes UP
What is needed for a school official to search a student?
Reasonable suspicion
What is needed for a police officer in a school to search a student/locker?
Probable Cause
Under what condition can schools random drug test someone ?
If they are involved in an after or before school activity.
What is an intentional tort?
Actions taken to deliberatley harm another person or their propoerty.
Name the 3 types of damages one can recoever and explain each one.
Compensatory Damages- Makes up for the casued harm such as paying one's medical bills

Nominal Damages- money to show the claim was justified. (usually if no harm is done)

Punitive Damages- money to punish defendent for malicious, willfull or outrageous acts. (serves as warning to others)
In a civil case when does battery occur?
When a person intentionally causes a harmful or offensive contact with another person.

-Can be liable even though did not want to cause injury
In a civil case when does assault occur?
When a person goes beyond mere words and intentionally makes someone fear an immediate harmful or offensive act.

-Must be reasonable fear
What are the 4 elemtns of Intentional Infliction of Emotional distress?
1. The Distress is Intentionally Inflicted

2. The behavior is extreme and outrageous

3. The behavior caused the emotional distress

4. The emtional distress is severe

*If someones problem gets worse it is not SEVERE.
What is a remedy?
Compensation for a wrong doing.
What is a tort?
A breach of some obligation causing harm or injury to another person.
What are the 2 possible defense to negligence that a judge can order and explain
1. Contributory- if plantiff is at all negligent the charges are dropped

2. Comparitive- Percents are given to each person to show who was more negligent.
What are the 4 elements of negligents?
1. Duty-person had certain duty
2. Breach of Duty
3.Causation- breach duty caused the harm
4. Damages- damages were suffered.
What is strict liability?
It is when the defendent is engaged in an activity so dangeroush that there is a serious risk of harm automatically found liable.
What are 3 examples of strict liabilty?
1.Owners of dangerous animals
2. People who engage in highly dangerous activities
3. Manufaturers and sellers of defective consumer products. (toys!)
What is defamation?
Action that harms a persons reputation.
What is slander and what is libel
slander-oral defamation
Libel-written defamation communicated to 3rd party
What are 2 ways someone can be defined as a public figure?
1. VOluntary injects themselves into public issue
2. Is drawn into public issue
What is the 3rd element of demation for public figures?
Must be MALICIOUS!
What are the 4 purposes of punishment?
1. Retribution-revenge
2. Detterence- send message to people
3. Accountable-responsbility
4.Rehabilitation-make better
WHat is the lower house of the NJ legislature and how many memebers does it have?

How long of term is it
General Assembly

80 members

2 years
What is the upper house of the NJ Legislature and how many members does it have?

How long of term is it
Senate

40 members

4 years
What 2 ways can an ammendent to NJ constituion be made?
3/5 vote in legislature

Or 2 consectuive years of majority voting (then referendum)
How is veto over ridden?
2/3 majority vote both houses