Youth And Law Final

Front 1

James Madison

Back 1

proposed VA plan;

took notes at constitutional convention

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Federal System

Back 2

powers of gov. are divided between the national gov. and its state gov.

Front 3

concurrent powers

Back 3

shared powers-both federal and state govs. have power to tax, establish courts, and enforce laws

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trial court

Back 4

lowest court- makes findings of fact and renders verdicts in civil and criminal trials

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appellate court

Back 5

intermediate court- hears cases appealed from trial court- no juries; no new evidence introduced

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stare decisis

Back 6

decisions of higher courts binding on lower courts

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jurisdiction

Back 7

authority of a court to hear a case, to interpret and admisiter the law

Front 8

petition for certiorari

Back 8

request of a lower court to send up its records to the Supreme Court

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appellant

Back 9

party that does not like the trial court's decision and appeals the case

Front 10

appelle

Back 10

party that responds to the appeals (defends trial court's decision)

Front 11

establishment clause

Back 11

prohibits gov. from passing laws to establish an official religion or preferring one religion over another

Front 12

free excercise clause

Back 12

prohibits gov. from interfering with a persons practice of religion

Front 13

reynolds vs. US

Back 13

free excercise clause did not protect actions that were "violations of social duties or subversive of good order" - prohibited Mormon polygamy

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prior restraint

Back 14

gov. censors a written piece of work before it is published

Front 15

deJonge v. oregon

Back 15

any group can meet, as long as it a peaceful assembly

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New Jersey v. TLO

Back 16

probable cause not required when students are searched by school officials

Front 17

terry v. ohio

Back 17

a stop and limited search of a person for weapons is justified by a police officer's reasonable conclusion that a crime is being or about to be committed by a person who may be armed

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exclusionary act

Back 18

any evidence that is seized by the police as a result of an illegal search cannot be admitted at trial

Front 19

indictment

Back 19

issued when grand jury believes there is enough evidence to justify trial

Front 20

total immunity

Back 20

witness cannot be prosecuted for any incriminating evidence

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eminent domain

Back 21

the govs power to take private property for public use

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speedy trial act of 1974

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congress set fixed time limits for fed. gov.

federal trials begin no more than 100 days after arrest

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peremptory challenge

Back 23

attorney and prosecution may exclude protential jurors with out giving reason

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change of venue

Back 24

defendant may ask to move the trial to another district

Front 25

confrontation clause

Back 25

witnesses must confront defendant in court, rather than testifying in secret

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subpoena

Back 26

court order requiring witness to testify and/or turn over relavant documents to court

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gideon v. wainwright

Back 27

lawyers in criminal courts are necessities

Front 28

escobedo v. illinois

Back 28

defendant entitled to consult with his lawyer at any point during police questioning

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complexity exception

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jury needs ordinary citizens;

1 judge rather than 12 jury = save time

trial by jury becoming unfair "the right to jury should be limited to recognize"

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mitigating circumstances

Back 30

lessens seriosness of crime (background/character of accused)

Front 31

felony-murder rule

Back 31

allows accomplices to be convicted for murder

court has restricted it to apply only when murder was part of serious crime and accomplice played a significant role in the crime

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proportionality

Back 32

punishments must be proportional to the crime committed (90 days for using drugs is excessive)

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infancy

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legal status of person considered not yet legally responsible for his/her activities

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duress

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unlawful pressure of person to do sometyhing that he/she would otherwise not do

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necessity

Back 35

defense that presents a just or lawful reason for defedants conduct

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voluntary manslaughter

Back 36

intentional killing committed under circumstances that lessen, but do not excuse the killing

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involuntary manslaughter

Back 37

unintentional killing resulting from conduct that causes extreme danger of death or injury

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battery

Back 38

intentional, unlawful physical contact inflicted on 1 person by another with out consent

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arson

Back 39

deliberate and malicious burning of property

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embezzlement

Back 40

taking of $ or property by a person who has been trusted with it

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extortion

Back 41

taking property illegally by force or threats of harm

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larceny

Back 42

unlawful taking of another's property with intent to steal it

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conspiracy

Back 43

agreement between 2 or more people to committ a crime along with act done to begin crime

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arraingment

Back 44

court sentence at which defendent is charged and enters a please (judge informs him of charge)

Front 45

pretrial motions

Back 45

document by which a party asks the judge to make decision before trial begins

Front 46

plea bargain

Back 46

negotiations in a criminal case between prosecutor, defedant, and defedant's attorney

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restitution

Back 47

act of restoring something to its owner

Front 48

parens patriae

Back 48

doctrine under which court protects interests of juvenile

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delinquent offenders

Back 49

minor who committed offense ordinarily punishable by criminal processes

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status offenders

Back 50

youths charged with status of being beyond control of their legal guardians, behavior, school attendence, or other crimes

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adjudicatory hearing

Back 51

hearing of juvenile charged with delinquent act