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42 Cards in this Set
- Front
- Back
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Case
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A court matter involving two disputing parties.
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Defendant
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The accused party in court
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Plaintiff
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The accusing party in court
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Prosecutor
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The attorney acting on behalf of the government in a criminal case.
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Statutory law
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Laws passed by legislatures
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Common law
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Legal traditions developed through court cases going back to England
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Civil cases
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Disputes between individuals or organizations that you do not involve law-breaking
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Liability
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Legal responsibility for damages caused by civil wrongdoing
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Contingency fees
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A plaintiff pays nothing in attorney fees unless the attorney wins an award.
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Deep pockets
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A party to a lawsuit with an abundance of financial resources.
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Punitive damages
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Multiple of the actual damages found; designed to deter and punish persons or firms found to be at fault.
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Tort
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A legal harm caused by civil wrongdoing
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Joint and several liability
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Legal responsibility for full damages regardless of the degree of contribution to harm.
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Judicial federalism
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State courts’ authority to interpret their own states’ constitutional guarantees to expand upon those in the U.S. Constitution
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Amicus curie
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“friends of the court” persons not directly involved in a case who submit written arguments to the court
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Bench Trial
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Cases that are handled informally at the bench in discussions with the judge.
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Retention election
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A judicial election in which voters choose between keeping or ousting an incumbent judge.
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Trail courts of general jurisdiction
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Courts that handle major civil and criminal cases arising out of statutes, common law, and state constitutions
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Peremptory strike
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Lawyer blocks a potential juror without having to give cause.
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Public defender
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Attorneys provided by the state to those who could not afford an attorney
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Court shopping
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Common strategy of lawyers; it involves the search for a court that will be most favorably disposed to one’s argument.
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Plea bargain
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An agreement by a criminal defendant to plead guilty to lesser charges with lighter penalties in order to avoid a jury trial
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Misdemeanor
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A crime that is punishable by a fine or less than one year in jail
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Felony
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A serious violation of criminal law that can bring a penalty of one year or more in prison
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Petit juries
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A jury that determines the guilt or innocence of criminal defendants.
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Grand juries
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Juries that have two primary functions: investigation and indictment.
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State supreme court
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The highest courts of appeal in the states.
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Violent crime
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Crimes against persons.
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Property crime
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Crimes against property.
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Hate crimes
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Offenses committed against individuals on the basis of their race.
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Community policing
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More active involvement of police with individuals and groups on streets and sidewalks.
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Nol-pros
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A prosecutor’s decision to simply drop charges.
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“Broken windows” strategy
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The theory that overall crime rates can be reduced by strictly enforcing laws against petty offenses.
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Probation
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court-ordered community supervision of convicted offenders by a probation agency
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Parole
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Conditional release from prison
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Capital punishment
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Death penalty
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Mandatory minimum sentences
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Minimum sentences for various crimes enacted into law by state legislatures.
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Determinate sentences
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Sentences for various crimes enacted into law and limiting the discretion of judges.
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“Truth in sentencing”
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Definitive punishments that leave judges no flexibility in assessing penalties.
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courts of limited jurisdiction
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These deal with specific issues, like traffic courts, probate courts, or small claims court
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City police
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law enforcement officers working in an incorporated (municipal) area
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Recidivism
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Likelihood for a former convict returning to prison for new crimes.
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