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intro to law

law

Terms

undefined, object
copy deck
infancy
child under 7 year old says they would be incapable to commit the crime
Article 3 of constitution
creates the Supreme Court
booking
formal process of recording arrest. (finger prints, mugshot)
aggravated rape
rape that involves multiple attackers, strangers, weapons, or physical beating
hackers
people who gain illegal access to systems with no harm
rule of 4
4 justices must want to hear a case for it to be heard
probable cause
evidence sufficient to warrant an arrest or search and seizure
recidivist
someone who is repeatedly arrested for criminal behavior (especially for the same criminal behavior)
jurisdiction
(law) the right and power to interpret and apply the law
International Criminal Court
created in 1998 but operated in 2003 tries people who commit crimes against humanity
federal legislatures
pass laws dealing with issues with national impact
proposed laws
bills
plea bargaining
a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge
settlement
settlement filed in a court by attorneys before a case goes to trial
contingency fee
a fee that is payable only if the outcome is successful (as for an attorney's services). usually 33%
local legislatures
pass laws known as ordinances or regulations and only apply to the city, town or county
incarceration
the state of being imprisoned
restitution
a sum of money paid in compensation for loss or injury
justified killings
enemy solider in war, self defense or defense of another, prisoner by executioner, police killing person committing serious crime
"defendant did no commit the crime"
defendant can use an alibi or DNA as evidence to exonerate him from the charges
second degree murder
killing done with malice, but no premeditated or deliberate
vandalism
willful and malicious destruction of the property of others
receiving stolen goods
knowingly buying or taking anything stolen
embezzlement
the fraudulent appropriation of funds or property entrusted to your care but actually owned by someone else
presentence report
A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.
battery
an assault in which the assailant makes physical contact
separation of power
division of power between the 2 branches of the Gov't
burglary
entering a building without permission when intending to commit a crime
groups that cannot vote
incarciarated, homeless, and mental institutions
reasonable suspicion
ability to stop and ask question due to a hunch that the person is dangerous
23rd amendment (1961)
residents of washington d.c were allowed to vote in Presidential elections
unauthorized use of vehicle
taking a vehicle with out permission temporaily
Universal Declaration of Human Rights (UDHR)
statement of basic human rights and standards for government, that almost all countries in the world have agreed to
economic
deals with accumulation, preservation, use and distribution of wealth
drug courier profile
using commonly held notions of what drug couriers look and act like in order to be able to question a person without establishing individualized suspicion.
racial profiling
a form of racism consisting of the (alleged) policy of policemen who stop and search vehicles driven by persons belonging to particular racial groups
noncriminal homicide
killing that is justified
involuntary manslaughter
killing with no intent to kill at all, but death was from reckless conduct
26th amendment (1971)
gave 18 year olds the right to vote
arriangment
bail is set, charges read, and defendant enters a plea
prosecutor
the people bring the charges against the defendant in a criminal case. Always the People vs.
mitigating circumstances
factors that suggest a less severe punishment be sought
arbitration
(law) the hearing and determination of a dispute by an impartial referee agreed to by both parties (often used to settle disputes between labor and management)
affirming
upholds the judgement of a lower case
pro se
Representing oneself. Serving as one's own lawyer.
dismissed with prejudices
dismissed for ever
removal for cause
removing a potential juror that appears incapable of rendering a fair and impartial verdict
age of majority
The age at which full civil rights are accorded
Bipartisan Campaign Reform Act
Largely banned party soft money, restored on long-standing prohibition on corporations and labor unions for using general treasury funds for electoral purposes, and narrowed the definition of issue advocacy.
deterrence
the act or process of discouraging actions or preventing occurrences by instilling fear or doubt or anxiety
legislative intent
what lawmakers intend for the law to mean when they pass it
Jury consultant
consults or advises attorneys during voir dire about possible jurors
civil conduct
regulates conduct between individuals, or groups of individuals
duress
person commits a crime because they fear for the life of themselves or wellbeing of others( not admissible for homicide)
neglected and abused children
youths who are neglected adn deprived of food shelter and clothing or have been abused
independent judiciary
judicial branch is seperate from exectutive,and congress so decisisons aren't affected
trial courts jurisdiction
original
alibi
a defense by an accused person purporting to show that he or she could not have committed the crime in question
mediation
a type of third-party intervention in which advisory recommendations are made but do not have to be heeded by the disputants
plantiff
the person harmed in a civil case and also brings the civil case against the defendant
date rape
rape in which the rapist is known to the victim
federalism
division of power between the states and federal government
parole
(law) a conditional release from imprisonment that entitiles the person to serve the remainder of the sentence outside the prison as long as the terms of release are complied with
judicial restraint
view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past
Voting rights act of 1965
literacy test are banned
bills that are enacted
laws or statutes
parental responsibility laws
parents are held responsible for their childrens' actions
voir dire
Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
impaneling of jury
sworn in
inquisitional system
judge is active in questioning witnesses and controlling the court process including the gathering and presenting evidence
5 non bail option
ROR, remand to parents custody, live at an address given, electronic braclet, and certain jobs
ombudspersons
people who investigate compliants and help people reach some agreement
dismissed without prejudices
dismissed but the DA can continue to gather evidence
entrapment
defendant agrees they committed a crime, but were induced by law enforcment
assualt
a violent physical or verbal attack
Federal Election Commission
1975 a six-member bipartisan agency that enforces and administers campaign finance laws
implied consent
drive mus consent to a BAC test for his/her privilage to drive
dispositional hearing
sentance a juvenile recieves
aggravating circumstances
factors that suggest a more sever punishment be sought
extortion
using threats to obtain the property of others
postdispositional
parole for a juvenile
waiver hearing
determine if juvenile should be transfered to adult court
habea corpus
a legal principle that requires aurthorities to show reasons why a person should be held in custody and to provide a speedy trial to show body
exclusionary rule
a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
state decisis
a latin term meaning "let the decision stand" the principle that once the Court rules ona case, ites decision serves as a precedent on which to base other decisions
congress is a bicarmeral institution which means
has two chambers.
substance abuse
overuse of alcohol or drugs
arson
willful and malicious burning to destroy property
defendant in an appeal
petitioner or appellant
negligent homicide
failure to exercise reasonable care for a situation which then harms someone
preliminary hearing
when the prosecuting attorney shows the judge that there is enoguh eviedence to move on
rape shield laws
prevents defendants from bringing victims previous sexual behaviors into a case
en banc
when all of the members of the court decide a case, all judges must be present
2nd amendment
Right to bear arms
# of amendments
27
lobbying
trying to persuade legislators to vote in a particular way
voting blocs
tendancies for certian justices to vote
legal aid clinic
provides legal aid for people who cannot afford the legal services of an attorney. give advice
robbery
larceny by threat of violence
mistrial
Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings, hung jury, or when the proceedings must be interrupted.
5th amendment
can't have double jepordy and must be accused by grand jury before being put on trial
manslaughter
the crime of killing a person by someone who did not mean to do it or who cannot be held responsible for his or her actions
Supreme Courts jurisdiction
original and appelate
civil cases standards
preponderance of evidence
misdemenor
punishment is jail time for 1 yr or less, or fines
trier of fact
the jury in a jury trial; the judge where there is not a jury trial.
statues
written laws enacted by legislatures
Dissenting
disagrees with the majority
precedent
an example that is used to justify similar occurrences at a later time
criminal homicide
the act of causing the death of another person without legal justification or excuse
gangs
people who form groups closed to the public for various reasons including violent criminal activity
gideon vs wainwright
Lawyer must be appointed to anyone who cannot afford one
supremacy clause
constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the greatest law of the land
referendum
a legislative act is referred for final approval to a popular vote by the electorate
make my day laws
the right to use deadly force to protect/defend property to intruders
sexual assualt
unwanted sexual contact through graphics, verbals, writing, threats
attorney client privlage
anything a client tells their attorney will be kept confidential
conference
discuss submitted cases and then votes to see which ones are heard
intoxicated
having BAC of .10 or greater
political
reflect the relationship between gov't and individuals
checks and balance
each branch has equal power
contempt of court
disrespect for the rules of a court of law
larceny
the act of taking something from someone unlawfully with intent to deprive owners of it
bill of rights
first 10 amendments that define and guarantees fundamental rights and liberties of americans
insanity
at the time of the crime, defendant was insane and lacked intent to kill due to their mental capacity
forgery
criminal falsification by making or altering an instrument with intent to defraud
"defendant committed a crime, bu it was justifiable or excusable"
defense of property or persons that can justify their force
litigators
a party to a lawsuit
criminal law
regulates public conduct
delinquent offenders
committed acts that would be crimes if committed by adults under federal, state, or local law.
moral
fundemental question of right vs wrong
nolo contendre
a plea of no contest
immunity
a witness cannot be prosecuted based on information in their testimony
indictment
if grand jury believes there is sufficient evidence to bring the person to trial, it issues an
crackers
people who hack computers with the intent to make money
first degree murder
premeditated, deliberate, killing done with malice
capital punishment
the execution of criminal offenders, the death penalty
impaired
having a Blood alcohol content og .01- .09 BAC
the hague in the netherlands
location of Internation court of justice
rape
the crime of forcing a woman to submit to sexual intercourse against her will
parens patriae
"parent of the country", parental role awarded to court to do whatever was necessary to help kid.
Per Curiam
opinion issused by the court as a decision
euthanasia
the act of killing someone painlessly (especially someone suffering from an incurable illness)
children's internet protection act
requires libraries to install filtering programs to filter bad content from children
primary powers of Supreme Court
Uniform application of the law, interpret the constitution
qualifications for voting
18 yrs old, us citizen, registered, resident of the ares
negotiation
the process by which people involved in a dispute discuss their
state legislatures
pass laws for state and laws that the federal legislative cannot pass
enforced treaties
signed by president and then ratified by 2/3 votes of Senate
uttering
offering to someone as a genuine document known to be fake
patriot act
gave executive branch to undermine the bill of rights just to keep us safe.(conducts secret searches such as phone tapping)
disbarred
lawyer loses their license to practice law
criminal cases standards
have belief beyond unreasonable doubt
peremptory challenge
removal of juror without cause. limited
bail
financial promise that ensures the defendant will return for trial
voluntary manslaughter
killing that would be murdered, but occures after the victim has done something to the killer that would cause a reasonable person to lose self control
petty larceny
larceny of property having a value less $100
crime
act or failure that violates the law for which a punishment has been set
computer crime
any violation of criminal law that incolves the use of computer technology to commit the act
"rule of law"
requires citzens of any society to know law to be govern by in advance; laws created through democratic process.
19th amendment (1920)
women gained the right to vote
National Voter Registration Act
this act passed in 1993 and frequently called the "Motor Vehicle Act" is a piece of legislation that includes a provision that makes it possible to register to vote when applying for or renewing your drivers license.
stop and frisk
to "pat down" or search someone who the police believe is acting suspiciously.
initiative
allowed all citizens to introduce a bill into the legislative and required members to take a vote on it
adversarial system
A system of justice in which advocates for opposing parties each do their best to present evidence and arguments to the benefit of their respective clients; presiding judges are neutral and passive
affidavit
written statement made under oath (for use as proof in a court of law)
copyright
a document granting exclusive right to publish and sell literary or musical or artistic work
jury sequestration
when jury is placed in a motel to seperate them from the public and are under servalence
motion of suppression of evidence
request for certain evidence not to be allowed
proposed amendments must get 2/3rds states
at convention
incapacitation
if a convicted offender is sent to prison, society can feel safe from that felon while he or she is confined
Concurring
agrees with the majority but for a different reason
Judicial review
review of laws that are passed to deem them constitutional or not
civil action
lawsuit brought by a person who feels wronged, or injured by another person
Proposed amendments must get 2/3s vote
at congress
right to die
a terminally ill patient has the right to either promote life or die in peace
overturn
reverse the decision of the lower court
remand
sends case back to lower case
appellate courts
higher courts these courts do not determine guilt or innocence, but if the accused has had a fair trial. These courts can be either state or federal.
necessity
defendant reacts to a situation and commits a crime to protect themselves.(not admissible for homicide)
writ
(law) a legal document issued by a court or judicial officer
supoena
requirement to appear in court
24th amendment (1964)
poll taxes banned
contraband
goods whose importation or exportation or possession is prohibited by law
status offenders
youths who have committed acts that would not be crimes if committed by adults.
intellectual property
intangible property that is the result of creativity (such as patents or trademarks or copyrights)
factors in settign bail
severity, flight risk, previous past
retianer
down payment of all or some of legal fees to attorney
motion for discovery
request by defendant to review evidence in prosecutions possesion
grand jury
includes 16 to 23 people, hears charges against a person suspected of having committed a crime.
motion for continuance
seeking more time to prepare for case
detention hearing
a court session during which the judge tries to learn whether there are good reasons to keep the accused in custody.
brady act
Made background checks mandatory in an attempt to stop the sale of guns to criminals.
jurisprudence
study of law and legal philosophy
public hearings
allows individuals an oppurtunity to voice opinions and concerns for proposed regualtions
"no crime has been committed"
defendant can present evidence that he didn't commit a crime or that there was no intent
judicial activism
an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
bail reform act
bail can be revoked if you commit a crime while out on bail
white collar crime
crimes committed by persons of high social position in the course of their occupation; these are acts by the powerful who abuse their professional talents and concurrently (possibly) cause significant public harm
intoxication
the defendant at the time of the crime was too drunk to have the intent to kill
15th amendment (1870)
African Americans had the right to vote
social
concerns issues that are important to society.
petitions for certiorari
application for a parties case from a lower court be reviewed by the supreme court
International court of justice(ICJ)
principal judicial organ of the United Nations
advocacy
an individual or a group promoting their opinion
adjudicatory hearing
determine facts of the story
Code of professional responsiblity
standards by which all attorneys swear to uphold
Size of supreme court
established by congress
felonty
punishment is jail time for more that 1 year
felony murder
killing that takes place during the commission of ceritian felonies
grand larceny
larceny of property having a value $100 or greater
ICJ types of cases
disputes on international law that is submitted by a country
bar association
organization that liscenses lawyers
limited government
limits government to powers provided by the people (divides power between smaller)
tribal court sentances are limited to
no longer than a year in jail and no more than a $5000 fine
community policing
a partnership between police and the community
suspended
lawyers license is suspended
jury nullification
when juries don't judge on law but rather based on political interest

Deck Info

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