GOVERNMENT CH 15 TERMS
Terms
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- Equity
- A system of rules by which disputes are resolved on the grounds of fairness
- Expressed contract
- A contract in which the terms are specifically stated, usually in writing
- Law
- Set of rules and standards by which a society governs itself
- Implied contract
- A contract in which the terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances
- Discovery
- Process when both sides prepare for a trial by gathering evidence to support their case
- Arrest warrant
- An order signed by a judge naming the individual to be arrested for a specific crime
- Injunction
- An order that will stop a particular action or enforce a rule or regulation
- Statutory law
- A law that is written down so that everyone might know and understand it
- Contract
- A set of voluntary promises, enforceable by the law, between two or more parties
- Summons
- An official notice of a lawsuit that includes the date, time, and place of the initial court appearance
- Real property
- Land and whatever is attached to or growing on it
- Misdemeanor
- A minor crime that is usually punished by a fine or jail sentence of less than one year
- Jury
- A group of citizens who hear evidence during a trial and give a verdict
- Hung jury
- A jury that is unable to reach a decision
- Defendant
- The person against whom a civil or criminal suit is brought in court
- Mediation
- A process in which each side is given the opportunity to explain its side of the dispute and must listen to the other side
- Plea bargaining
- The process in which a defendant pleads guilty to a lesser crime than the one with which the defendant was originally charged
- Mortgage
- A loan taken out to pay for a house
- Grand jury
- Group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial
- Indictment
- A formal charge by a grand jury
- Petty offense
- A minor crime, usually punished by a ticket rather than being arrested
- Felony
- A major crime
- Statute
- A law written by a legislative branch
- Personal property
- Movable belongings such as clothes and jewelry, as well as intangible items like stocks, bonds, copyrights, and patents
- Procedural due process
- Principle that prohibits arbitrary enforcement of the law, and also provides safeguards to ensure that constitutional and statutory rights are protected by law enforcement
- Adversary system
- A judicial system in which opposing lawyers present their strongest cases
- Sentence
- The punishment to be imposed on an offender after a guilty verdict
- Tort
- A wrongful act other than breach of contract for which an injured party has the right to sue
- Substantive due process
- Certain rights of individuals in the application of laws, some that are specified in the Constitution (like free speech) and some that are not specified (like the right of privacy in making personal decisions)
- Criminal law
- One that defines crimes and provides for their punishment
- Plaintiff
- Person who brings charges in court
- Criminal justice system
- System of state and federal courts, police, and prisons that enforces criminal law
- Information
- A sworn statement by the prosecution that there is sufficient evidence for a trial
- Civil law
- One relating to disputes among two or more individuals or between individuals and the government
- Complaint
- A legal document filed with the court that has jurisdiction over the problem
- Common law
- Law made by judges in the process of resolving individual cases
- Administrative law
- Law that spells out the authority, procedures, rules, and regulations to be followed by government agencies
- Ordinance
- A law
- Presumed innocence
- The presumption that a person is innocent until proven guilty
- Due process of law
- Principle in the 14th Amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
- Answer
- A formal response by a defendant to the charges in a complaint
- Affidavit
- A written statement to prove statements of fact signed by a witness under oath
- Constitutional law
- Law that involves the interpretation and application of the U.S. Constitution and state constitutions
- Verdict
- Decision