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51 Cards in this Set

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  • Back
James Madison
proposed VA plan;

took notes at constitutional convention
Federal System
powers of gov. are divided between the national gov. and its state gov.
concurrent powers
shared powers-both federal and state govs. have power to tax, establish courts, and enforce laws
trial court
lowest court- makes findings of fact and renders verdicts in civil and criminal trials
appellate court
intermediate court- hears cases appealed from trial court- no juries; no new evidence introduced
stare decisis
decisions of higher courts binding on lower courts
jurisdiction
authority of a court to hear a case, to interpret and admisiter the law
petition for certiorari
request of a lower court to send up its records to the Supreme Court
appellant
party that does not like the trial court's decision and appeals the case
appelle
party that responds to the appeals (defends trial court's decision)
establishment clause
prohibits gov. from passing laws to establish an official religion or preferring one religion over another
free excercise clause
prohibits gov. from interfering with a persons practice of religion
reynolds vs. US
free excercise clause did not protect actions that were "violations of social duties or subversive of good order" - prohibited Mormon polygamy
prior restraint
gov. censors a written piece of work before it is published
deJonge v. oregon
any group can meet, as long as it a peaceful assembly
New Jersey v. TLO
probable cause not required when students are searched by school officials
terry v. ohio
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
exclusionary act
any evidence that is seized by the police as a result of an illegal search cannot be admitted at trial
indictment
issued when grand jury believes there is enough evidence to justify trial
total immunity
witness cannot be prosecuted for any incriminating evidence
eminent domain
the govs power to take private property for public use
speedy trial act of 1974
congress set fixed time limits for fed. gov.

federal trials begin no more than 100 days after arrest
peremptory challenge
attorney and prosecution may exclude protential jurors with out giving reason
change of venue
defendant may ask to move the trial to another district
confrontation clause
witnesses must confront defendant in court, rather than testifying in secret
subpoena
court order requiring witness to testify and/or turn over relavant documents to court
gideon v. wainwright
lawyers in criminal courts are necessities
escobedo v. illinois
defendant entitled to consult with his lawyer at any point during police questioning
complexity exception
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"
mitigating circumstances
lessens seriosness of crime (background/character of accused)
felony-murder rule
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
proportionality
punishments must be proportional to the crime committed (90 days for using drugs is excessive)
infancy
legal status of person considered not yet legally responsible for his/her activities
duress
unlawful pressure of person to do sometyhing that he/she would otherwise not do
necessity
defense that presents a just or lawful reason for defedants conduct
voluntary manslaughter
intentional killing committed under circumstances that lessen, but do not excuse the killing
involuntary manslaughter
unintentional killing resulting from conduct that causes extreme danger of death or injury
battery
intentional, unlawful physical contact inflicted on 1 person by another with out consent
arson
deliberate and malicious burning of property
embezzlement
taking of $ or property by a person who has been trusted with it
extortion
taking property illegally by force or threats of harm
larceny
unlawful taking of another's property with intent to steal it
conspiracy
agreement between 2 or more people to committ a crime along with act done to begin crime
arraingment
court sentence at which defendent is charged and enters a please (judge informs him of charge)
pretrial motions
document by which a party asks the judge to make decision before trial begins
plea bargain
negotiations in a criminal case between prosecutor, defedant, and defedant's attorney
restitution
act of restoring something to its owner
parens patriae
doctrine under which court protects interests of juvenile
delinquent offenders
minor who committed offense ordinarily punishable by criminal processes
status offenders
youths charged with status of being beyond control of their legal guardians, behavior, school attendence, or other crimes
adjudicatory hearing
hearing of juvenile charged with delinquent act