Chapter 15-Legal Rights And Responsibilities & Chapter 16-Civil And Criminal Law

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Hammurabi's Code

include characteristics

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First written code of law
-Many harsh penalties
-laws and penalties say something about the time

Front 2

Roman made a science of the law called BLANK

Back 2

Jurisprudence

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Jurisprudence means

Back 3

the study of law

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Napoleonic Code

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French emperor Napoleon Bonaparte updated the Justinian Code and called it this.

Front 5

The most important source of of American laws is

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English Law

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Common Law

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Law based on court decisions rather than than on a legal code.

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Precedents- know

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legal opinions that became part of the common law.

Front 8

common law is a combo of

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roman law and canon law

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Statutes

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A law written by a legislative branch

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Criminal Law

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Laws that seek to prevent people from deliberately harming each other or each other's property.

Front 11

In criminal cases the government in always the BLANK
Why?

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Plaintiff - system of justice assumes that society-everyone- is the victim when a crime is committed.

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Plaintiff

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The party that brings the charges against the alleged criminal

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Defendant

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Individual group or person being sued

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Crimes are graded as either BLANK or BLANK

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felonies / misdemeanors

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Examples of felonies

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Murder , rape , kidnapping , robbery , etc.

Front 16

Examples of Misdemeanors

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Vandalism , stealing inexpensive items , writing bad checks for low amounts ,etc.

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Typically Misdemeanors are punished with :

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a fine or a jail sentence of less than one yr

Front 18

Civil Cases

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-Civil cases involve disputes between people or groups in which no criminal laws have been broken .
-State does not take legal action.
-IN these individuals believe they have lost something of value or suffered some damage because of someone else's blameworthy actions
-Civil case might also involve someone accused of plagiarism
-Also cover torts
-Family law- divorce , custody , child/spouse abuse

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When A civil case goes to ct it is called a :

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Lawsuit

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Lawsuit

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Is a legal action in which a person or group sues to collect damage for some harm that is done.

Front 21

torts
ex

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civil wrongs

- responsible for damage because of negligence ex: neighbor fails to clear sidewalk and you fall and injure urself

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Public Law

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-also called constitutional law
-involves rights guaranteed under the constitution
-Another element of public law is Administrative Law
-Statutory Law is another example of Public Law

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International Law

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-Comprises treaties ,customs , and agreements among nations =.
-Might involve military and diplomatic treaties , trade regulations , international agreements , etc.
-Violations of international law may be brought to the International Court of Justice aka the a World Ct. - Hague , Netherlands

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roles of different branches of gov.

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Ex: carries out laws
Leg: Makes laws
Jud: sets laws by interpreting them

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Stare Decisis means

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"Let the decision stand"

Front 26

the writ of Habeas Corpus

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-"produce the body"
-requires an official who has arrested someone to bring that person to ct and explain why he/she is being held.
-Article 1

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Bill of Attainder

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-Article 1
-a law that punishes a person accused of a crime without a trial or a fair hearing in ct.

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Ex post faco law

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-Article 1
-Law that would allow a person to be punished for an action that was not against the law when it was committed.

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Due Process of Law

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-Guarrented in in 14th and 15th amendment
-in part the gov. may not take our lives , liberty , or property except according to the proper excercise of law.
-Law requires all be treated equally, forbids unequal and unfair treatment on factors such as gender , race or religion.

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bench trial

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trial with out a jury , just a judge

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injunction

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a court order commanding a person or group to stop a certain action

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complaint

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formal statement naming the plaintiff and the defendant and describing the nature of the lawsuit.

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a summons

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defendant receives a doc telling them a suit is against them and ordering them to appear in ct on given time and date.

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in which type of case : beyond a reasonible doubt and "preponderance of evidence"

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Beyond: criminal

Preponderance : Civil

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Procedure in a criminal case

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1.Police arrest and book suspect
2.Preliminary Hearing:
-Suspect appears before a judge
-Bail is set
3.Arraignment
#1: -defendant pleads not guilty-trial date is set
#2-Defendant pleads guilty and accepts a plea bargain.
4. Trial
-Prosecution and defense present case to jury(or judge)
-Jury (or judge) reaches verdict
5.#1 Acquittal - Defendant found not guilty and let go
or
#2. -defendant found guilty
-Judge sentences defendant

Front 36

arraignment

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in hearing in which a suspect is charged and pleads guilty or not guilty

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Kno pros and cons of plea bargaining

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page 372

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testimony

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the answers given while under oath

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Acquittal

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a vote of not guilty

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hung jury

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when a jury cannot decide on a verdict it is a hung jury , and trial is is ruled a mistrial.

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Pleadings

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the complaint and the answer together are the pleadings

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Discovery

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Time of checking facts , and gathering evidence /

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Juveniall

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anyone under age 18

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juvenial delinquents

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people under 18 who commit crimes

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Primary goal of juvenille cts is to try and

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Rehabilitate , correct the person's behavior not punish them.

Front 46

In re Gualt - how did this case establish rights for juvenile offenders?

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Right to counsel , fight to confront witnesses , and right not to incriminate themselves also that parents must be informed as soon as possible.