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33 Cards in this Set
- Front
- Back
What is the part of the Preamble that shows the U.S. will have laws that give a safe, orderly society? |
Insure domestic tranquility |
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Criminal Law |
Anything that deals with or defines the punishments for a criminal offense (ex: theft, murder) |
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Civil Law |
Anything that deals with the relationships between private individuals and/or groups (ex: a landlord and tenant fighting over an insect problem) |
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Plaintiff |
The alleged victim in the case |
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Defendant |
The alleged wrongdoer in the case |
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Who is the plaintiff represented by? |
Prosecutor |
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Who is the defendant represented by? |
Defense attorney |
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Penal Code |
A long list of criminal offenses and their respective punishments written down by a state |
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What do most criminal offenses come with? |
Mandatory sentences |
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What do civil cases begin with? |
When someone files a lawsuit |
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Plea Bargain |
When the defendant says he/she is guilty, but receives a lesser punishment; saves time, effort, and money |
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Incarceration |
Time in jail, prison, or a youth detention center |
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Probation |
When a convicted person must behave in a certain way to get a suspended sentence (ex: get drug treatment, stay away from a certain place/person) |
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What is the difference between unsupervised and supervised probation? |
Unsupervised probation is where no one is checking in on the convicted criminal, while supervised probation is where the convicted criminal must report to a probation officer who monitor him/her on a regular basis |
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What does a grand jury do? |
Decides if there is enough evidence to move forward in a case |
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How can you get out of jury duty? |
You can show you aren't qualified to serve, prove you have just cause for being dismissed, fail the process of voir dire, or be too young |
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Voir Dire |
Attorneys from both sides ask you questions to see if you are biased one way or another |
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Sequestered |
You are isolated from the rest of society to make sure you are not influenced by outside factors (ex: media coverage) |
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**** Make sure you look at the section on the costs of serving on a jury **** (Free question; answer: 21 :D) |
21 |
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Adversarial System |
Basically an argument between 2 sides (plaintiff vs. defendant) |
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Issues of Fact |
The decision should be overturned because certain facts may have been left out of the case (ex: new evidence) |
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Issues of Law |
The decision should be overturned because trial procedures were not followed properly or the defendant's rights were violated in some way |
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What do appellate courts (courts of appeal) use instead of a jury? |
They have a panel of judges that hear arguments/ make decisions |
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Majority Opinion |
The written statement that presents the majority side's decision and how it was reached |
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Dissenting Opinion |
The written statement of the judges who voted differently based on their different conclusions |
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Writ of Certiorari |
The power of the higher courts to request lower court decision to be sent to them for review |
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Retribution |
Punishing a person convicted of a crime |
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Deterrence |
Meant to prevent future crimes |
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Rehabilitation |
Transforming criminals into law abiding citizens |
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State Prison |
For serving more than 1 year in prison |
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County Jail |
For serving less than 1 year |
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3-Strike Laws |
You are sentenced for a long time if convicted of 3 or more serious laws |
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What is the most serious form of retribution? |
Death penalty (also capital punishment) |