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41 Cards in this Set
- Front
- Back
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Laws and values
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*we expect our legal system to achieve many goals,
1. protect human rights 2.promot fairness 3.helping resolve conflicts, 4.promote order and stability 5.promotie desirable social and economic behavior 6.representing the will of the majority 7. protecting the rights of minorities |
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Human Rights
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*are the rights all people have just because they are human beings.
*dignity of all people be respects *apply in peoples homes, schools, and workplaces. |
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Kinds of laws
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*laws fall into 2 major groups
1. Criminal Laws 2. Civil Laws |
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Criminal Laws
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*regulate public conduct and set out duties owed to society.
*brought by the governments against a person charged with committing a crime. *divided into felonies and misdemeanors. |
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Felony
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*more than 1 year in prison.
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Misdeameanor
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*less than 1 year in prison
examples: assault or theft. |
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Defendant
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*the personaccused of committing the crime.
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Plantiff
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*the person or company harmed against the defendant.
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Prosecutor
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*district attorney
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Bill
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*a proposed law. Used to enact a new law aor amend or repeal old laws.
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Law
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*a bill that is passed by legislature.
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Letter of the law
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*What the law says
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Legislative Intent
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*what the law was intended to mean.
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Criteria for Effective Laws
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1. Is the law written in clear language?
2.Is the law understandable? 3. Does the loaw contradict any other laws? 4. Is the law enforceable? 5. Are the penalties for breaking the law clear and reasonable? |
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Advocacy
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*The active support of a cause and or the art of persuading others to support the same cause.
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Lobbying
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A way to influence the law making process by convincing law makers to vote the way you want them to vote on a bill.
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Lobbying is a basic right
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1. freedom of speech
2. freedom of assembly 3. freedom of press |
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Citizen Lobbyists
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*Can express opinions individually or as part of a group.
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Professional Lobbyists
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*hired by businesses and organizations to influence legislators
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Lobbying Guidelines
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1. federal lobbyists must be registered with congress
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Lobbying methods
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1. personal contact
2. media-news aides, tv ads, editorials, flyers, billboards 3. protest 4. illegal methods- violence, law breaking. |
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Settling disputes/methods
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1. informal talk
2. negotiation 3. mediation |
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Informal talk
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*2 people involved just meet to discuss the dispute.
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Negotiation
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*parties discuss their problem to try to reach a solution
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Mediation
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*a neutral 3rd person to help settle their dispute.
*no decision is imposed by the mediator. |
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Arbitration
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*neutral 3rd party to help settle a dispute.
*the arbitrator makes the final decission. |
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Court
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*a judge or jury settles the dispute.
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Circuit Court
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*felonies is more than 1 year.
*civil trials greater than 25,000 *family court-divorces, custody hearing *probate-will & estates *juvinelle Division |
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Federal court jurisdiction
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*disobeying any part of the consitituion
*breaking laws passed by the U.S. Congress *Violating a US treaty *Crimes committed on US ships at sea *charges by a goreign nation against the US government or a US citizen US ambassadors & consuls accused of breaking the laws of the nation in which they are stationed. |
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Paying for a lawyer
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1. flat rate
2. retainer 3. contingency fee 4. probono |
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Flate rate for a lawyer
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*a set fee to provide a legal service.
example: will/estate |
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Retainer
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*A down payment by which a client has a lawyer.
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Contingency Fee
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*the fee paid based on a percentage of the sum awarded to the client in a lawsuit.
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Attorney-Client Priviledge
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*whatever you tell your attorney about your case is kept secret and confidential.
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Legal malpractice
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*lawsuit against the attorney for failure to meet acceptable standards of practice.
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Disbarred
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*The process of taking away an attorneys license to practice law because of illegal or unethical conduct.
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Adversary system
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*trial system with a contest.
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lawyer Qualifications:
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1. law school degree
2. pass bar exam |
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Bar Association
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*A professional organization of lawyers.
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Finding a lawyer
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*1. recommendations
2. lawyer on retainer for business or employer 3. yellow pages 4. law dirctory 5. advertisments. |
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Adversary Stystem
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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 and jury.
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