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91 Cards in this Set

  • Front
  • Back
the study of law and legal philosophy
Where are laws created?
legislatures (federal, state, and local), agencies, courts
Rule of law
all members of society are required to support the legal system, no one is above the law.
criminal law
regulates public conduct in society.
-govt v. individual charged w/ commiting crime (ex state vs. Koby Briant)
-divided into felonies and midemeanors
prison term more than 1 year (murder/robbery)
-more serious
prison term less than 1 year (assault or minor theft)
less serious
Civil law
regulates relations b/w individuals or gropus of individuals
1. civil action (lawsuit) - can be brought against any person who feels wronged or injured by another
2. covers everyday situations
civil action
1st amendment
freedom of speech, press, assembly, religion, petition (spark)
2nd amendment
right to keep adn bear arms in state militias
fourth amendment
right to be secure in person houses, papers and effects against unreasonable search and seizures, warrant are issued upon probable cause.
5th amendment
protection of the criminally accused (due process) right to a grand jury, right not to bear witness against one's self, no double jeopardy
6th amendment
rights of the criminally accused, speedy trial, impartial jury, in formed of crime charged at arraignment, assistance of counsel (attorney)
7th amendment
right to a jury trial
8th amendment
no accessive fines or cruel and unusual punishment. citizens have other rights not mentioned.
14th amendment
no state shall deprive a citizen of life, liberty or property without due process of law can not deny any person the equal protection of the law.
exclusionary rule
evidence seized in an unlawful serach cannot be used in trial
motion to suppress
a pretrial motion by defense to exclude evidence on grouns of unreasonable search & seizuers
search warrant
a court oder which gives the police authority to search (specific)
a sworn statement by police giving probably cause for search
probably cause
a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a crime had been committed.
Kats v. us
search warrant necessary for phone taps
situations when search warrant not required (9)
1. incident to lawful arrest (MOST COMMON)
2. stop & frisk -
3. consent
4. plainview
5. hot pursuit
6. vehicle searches (probable cause of illegal contraband)
7. border and airport searches
8. inventory searches (processing at corrections facilities - ptorect guards from accusations of theft)
9. exigent circumstances - no time for warrant "imminent distructions of evidence"
Terry V Ohio
police can "stop and frisk" w/ out warrant if safety reason to believe person carrying weapon
U.s. V santana
exigent circumstances - no warrnt needed - no time for warrant - "imminent distruction of evidence (drugs)
preponderance of evidence
- in a civil case
- teh standard of proof used
-evidence is more believable and important
-level of guilt needed against someone in a civil case - 51% sure
reasonalbe suspicion
-lower level of suspicion needed to conduct "stop & frisk"
- school searches based on "reason to believe"
an act or failure to act that violates a law for which a penalty (fine, prison or both) is set by teh state
Miranda V arizona
the court found that a person must be informed of his/her rights prior to questioning
commit a crime under the fear of death/serious injury (does not apply to physical injury you do to another person)
life/death situation
commit or admit to doing a crime under persuasion or coersement of a policeman.
Mapp V ohio
the court held that the 4th and 14th amendments protected persons from unwarranted federal and state intrustion of their property (obscene materials could not be used against her when found)
forensic science
the study and the practice of the application of science to the purpose of law
trace evidence
minute physical evidence that may be transferred from a criminal to a victim or crime scene (or vice versa)
stereoscopic microscope
forensice microscope w/ 3D image
most commonly used forensics (*known as serology)
1 drink
one 12 oz beer
one shot of 80 proof liquor
one 4-5 oz glass of wine
blood alcohol concentration
-tests thru breath, urine, blood
implied consent law
states that in exchange for the privelage of driving, the driver agrees to submit to BAC test
-revocation of license 6 months if refuse chemical test
standardized field sobriety tests
-scientifically validated methos by which police officer can asses intoxication
zero tolerance
underange drinking & driving
-nys law says that if u r under 21 and are caught drinking & driving w/ a bAC of just .02 (1 drink)
1st offense - fine & 6 month suspension
2nd offence lose license until age 21
1.appearnce of accused b4 a judge at which time charges are read
2. plea is entered by defendent (guilty, not guilty, nolo contendre)
3. judge may set bail
appeals court
a court in which appeals from trial court decisions are heard
attorney client privilege
whatever you tell your attorney about your case is secret and confidential
bar associations
an organization of lawyers
a down payment by which a client hires an attorney to act in his or her behalf
contingency fee
the fee paid to an attorney based on a percentage of the sum awarded in a lawsuit
in a civil case, the injured party who brigns an action against the alleged wrong doer
the person against whom a claim is made. in a civil suit the defendant is the person being sued, in a criminal case the defendant is the person being charged w/ committing a crime.
common law
a system in which court decisions establish legal principles and rules of law
voir dire
questioning of prospective jurors
challenge for cause
based on bias or prejudice in which the juror woudl be unable to reach a fiar verdict (unlimited)
peremptory challenge
rejection by either attorney without having to give a reason, number is fixed at the start of questioning by judge (race, gender, age)
district attorney
prosecuting attorney - in theory to seek justice, in practice - obtaining a conviction
elected every 4 years
defense attorney
function of defense attorney is to represent the accused withing legal boundaries of the law, can be hired privately or state apointed.
sole authority of law in the courtroom, must always be impartial, makes sure proper decorum is observed
pass sentence on the accused after the jury renders its verdict
handles various clerical duties - recording and numbering evidence, handling of bail and bonds, swearing in witnesses, escorting jury to and from deliberations
court stenographer
records eery word that is said at teh trial
white collar crime
violations of the criminal law commited by a person of respectability and high scoail status
ex. insider trading
blue collar crime
violations of teh criminal law commited by a person of working class
an attack on another w/ intent to frighten and inflict possible injury (simple - little or no physical harm/ aggravated - seroius injury on victim and or the use of a deadly weapon)
attempting or thretening to carry out a physical attack on a person
when sexual intercourse is performed in a deviate manner
is forcible stealing of property while in teh victims presence
taking or carryign away of personal property belongin to another w/ the intent of depriving the owner of that property
petit (1000 or less - misdemeanor)
grande (1000+ - felony)
acquiring property thru deception (ex telephone scams)
breaking and entering a dwelling of antoher, w/ the intent to commit a larceny/felony inside.
intentional burnign of a structure to cause loss and damages
willfull destruction of, or damage to, the property of another
unlawful taking of property by someone to whome it was entrusted (skimming off the top_
unlawful duplications of documents
rape (statutory, 1 , 2 3,)
sexual intercourse w/ an underage person whether or not there is consent (under 17 years old)
Rape in 3rd - male over 21 w/ femalge under 17
rape in 2nd - male over 18 w/ female under 14
rape in 1st - infers use of force or female under 11
the witness's answer, the attorney's orgiinal question, or teh exhibit will not help the trier of fact to decide the issues in the case
yes or no ? in direct exam
a statement made outside of teh courtroom..usually when witness is asked to tell what antoher person said to him or her.
counsel is asking the witness to speculate in order to asnwer question. witness is gusesing at answer
badgering or arguin w/ witness
fighting words
not protected nder 1st amendment, ex N word
reasonable doubt
needed in crim case..95% cetain
complete disregard for someones safety
a grand jurys formal charge or accusation of a criminal action
self defense
the right to defend oneself w/ whtever force is reasonably necessary against an actual or reasonably perceived threat of personal harm
self incrimination
giving evidence adn answering qusetions that woudl tent to subject one to criminal prosecution
lega responsibility, the obligation to do or not do smoethign. the defendant in a torts case incurs liability for failing to use reasonable care, resulting in harm to the plaintiff.
the failuer to exercise a reasonable amount of care ni either doign or not doing something, resulting in harm or injury
nolo contendre
"no contest" a defendant's plea to criminal charges that does not admit guilt, but also does not contest the charges. It is equavalent to a guilty plea, but it cannot be used as evidence in a later civil trial for damages based on the same facts.
determination to achieve a particular end by a particular means.
preliminary hearing
pertrial proceeding at which teh prosecutor must prove that a crime was commited and establish teh probable guilt of teh defendant. if the evidence presented does not show probable guilt, the judge may dismiss the case.
pretrial motion
a document by which a party asks the udge to make a decision b4 the trial begins.
offering to someone as genuine a document known to be a fake.