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| What is the process of criminal cases? | in a criminal case there is a crime committed with an investigation2. charges have to be brought and the accused must be processed3. the accused becomes a defendant4.grand jury determines if enough evidence to indict. only prosecuter presents evidence5. Plead guilty or not guilty. prosecuters try to pleabargaining to get guilty pleas6. there is a trial verdict "beyond a reasonable doubt"7. can appeal cases, but no evidence. capital murder cases have many appeals processes |
| What is the process of civil cases? | 1.litigation happens because at least 2 people disagreed over something2.the plaintiff files a legal complaint against a defendant in a civil case3. defendant can ignore and receive default judgement or motion to dismiss or file answer to complaint.4 both sides find out information from one another through deposiotions and interogaatories5. summary judgements are before a trial when no disputes. can also settle the case or go to arbitration. 6. jury selection/opening statements by plaintiff, response by defense/rebuttals/closing arguments. Only need 51% of jury to agree7. you can file an appeal to a higher court, but they do not take new evidence |
| What is the difference between a felony and a msdemeanor? what difference punishments might they receive? | Being convicted of a felony, as opposed to a misdemeanor, can have serious consequences. In addition to the longer punishment, a person convicted of a felony loses the right to possess firearms or obtain certain licenses, such as a hunting or a fishing license. In some states, a convicted felon loses the right to vote. ;A misdemeanor is generally a crime that is punishable for a year or less in prison, or only in a county or local jail.;;felonies are serious crimes in criminal law and misdemeanors are less serious crimes. felony is sent to jail, misdemanor is community service |
| Who is always the plaintiff in a criminal case? Why? | one that brings the charges against someone else;"Plaintiff" is a term applied to the complaining person/institution in a civil trial. In a criminal case the place of the plaintiff is taken by either the State or Federal Government in the form to the Prosecutor.; they are the ones that bring |
| What does it mean to prove something beyond a reasonable doubt? How is it shown in the criminal court procedure? | In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. ;means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.;jury selection/opening statements by plaintiff response by defense/rebuttals/closing arguments. only need 51% of jury to agree. need higher burden of proof. |
| What is the difference between a moral code ad a legal code? | moral: a code of conduct. what is right/wrong. defined by society like 10 commandments/legal code: a type of legislation that creates laws for society. Unlike M. Code, can be enforced in a court a law like the CHS Handbook |
| What are the 7 different types of law? Give one example of each type of law. | common law: (marriage) constitution does not have all the laws spelled out, so decisions are made on a precedent/ criminal law:when a crime is committed the gov is always the plaintiff-the party that brings charges against the alleged criminal or the party charged with a crime is the defendent. could be a felony or misdemeanor=a man shot another man's dog/ civil law: legal action in which a party sues to collect damages for harm done. lawsuit: legal action in which a person or group sues to collect damages (family law, accidents, contracts, wills)/ constitutional law: decides on the interpretation of the constitution. highest law in the land. (constitution)/administrative law: rules and regulations of federal agencies in the executive branch (like the magna carta)/ stautory laws: law written by legislative branch of gov and rules and regulations. ()/ international law: includes treaties, customs, and agreements among nations |
| crime | any offense, serious wrongdoing, or sin. |
| law | the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. |
| arraignment | A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law. Depending on the jurisdiction, |
| acquittal | what an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case) of not guilty |
| plea bargain | can plead guilty or not guilty. often prosecuters will offer lighter sentences through plea bargaining to get guilty pleas |
| plaintiff | the party that brings charges against the alleged criminal |
| defendant | Party charged with a crime |
| complaint | A civil complaint initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., Negligence, Battery, assault), and the facts supporting each Cause of Action. The complaint also serves as notice to the defendant that legal action is underway. The Federal Rules of Civil Procedure govern construction of complaints filed in federal courts. |
| hummarabi's code | 1760 BC-developed in ancient babylon, this code demonstrates reciprocal punishment ("eye for an eye") |
| precedent | A court decision that is cited as an example or analogy to resolve similar questions of law in later cases. |
| criminal law | Criminal cases include a limited amount of pretrial discovery proceedings similar to those in civil cases, with substantial restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial. For example, defense attorneys often file a motion to suppress evidence, which asks the court to exclude from the trial evidence that the defendant believes was obtained by the government in violation of the defendant's constitutional rights. |
| civil law | A federal civil case involves a legal dispute between two or more parties. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and "serves" a copy of the complaint on the defendant. The complaint describes the plaintiff's injury, explains how the defendant caused the injury, and asks the court to order relief. A plaintiff may seek money to compensate for the injury, or may ask the court to order the defendant to stop the conduct that is causing the harm. |
