A | B |
Morality | involves the values that govern a society's attitude toward right and wrong. |
Ethics | are the means for determining what a society's values ought to be. Used to determine the difference between right and wrong |
Greatest Good Principle | an action that will create the greatest good for the greatest number of people |
Golden Rule | do unto others as you would have them do unto you |
Honesty | a character trait of a person who is open and truthful in dealilngs with others |
Justice | treat other people fairly and equally |
Compassion | being sympathetic to the difficulties of others and try to help alleviate their problems |
Integrity | being willing to do the right thing regardless of personal consequences, standing up for your convictions |
Law | a system of rules of conduct established by the government of a society to maintain stability and justice according to the values that are relevant to that country |
Constitution | spells out the principles by which the government operates |
Common Law | decisions of the early law courts developed in England, based on customs. They are characterized by the practice of deciding cases on precedent |
Precedent | a judge is required to follow an earlier court decision when deciding a case with similar circumstances. Also called the doctrine of stare decisis |
Statutes | laws specifically passed by a governing body that has been created for the purpose of making laws |
Legislature | a body of lawmakers that has the job of creating statutory law under the powers given to the federal government by Article 1 of the Constitution |
Unconstitutional | any statute that goes against the Constitution |
Administrative law | rules and procedures established by regulatory agencies |
detention hearing | a court session during which the judge tries to learn whether there are good reasons to keep the accused in custody |
arraignment | a formal hearing during which the defendant is read the indictment or information and is asked to plead guilty or not guilty |
arrest | occurs when a person is legally deprived of his or her freedom |
bail | money or other property that is left with the court to assure that a person who has been arrested, but released, will return to trial |
alternative dispute resolution (ADR) | occurs when parties try to resolve disagreements outside of the usual court system |
jurisdiction | a court's power to hear a case and to make a judgement |
appellate court | a court that hears appeals and reviews cases from the lower courts |
empathy | putting yourself in another person's position |
permissible | allowable |
prevalent | widely existing |
mediator | brings the parties together and tries to persuade the parties to a dispute to compromise, the final decision remains in the hands of the parties |
arbitrator | the person hired to settle a case |
conciliator | shuttles back and forth between the parties to a case seeking a consensus |
negotiator | each party appoints a spokesperson to represent him/her to hammer out an agreement |
substantive law | tells us what the law is, not how the law works |
procedural law | has two major divisions: civil and criminal |
general trial courts | state courts located in each county handling criminal and civil cases |
remedies | what the plaintiff is granted in a civil case when the defendant is found liable--which is payment of money or some other action |
litigation | another name for bringing a civil lawsuit to court |
legislative, executive and judicial | 3 branches of U.S. government |
U.S. Supreme Court | justices are selected by the President and confirmed by Congress |
Court Law | are made by deciding whether or not laws conflict with the Constitution |
unethical business practices | require new laws to be created to hold all businesses more accountable |
5 main sources of law | constitutional, common, statuties and civil, court decisions and administrative |
treaty | everyone in the U.S. must follow any treaty that the U.S. has signed |
civil law | governs the relationships between two parties and does not involve the government |
civil litigation | begins with pleadings and a pretrial hearing |
civil and criminal cases | in criminal cases the procedures must be followed exactly, while in civil cases they do not |
juvenile court | young people have no right to a trial and no right to be released on bail |
Article IV of the Constitiution | applies to American businesses because many companies do business in more than one state |
Appeal in a Civil Case | is based only on a legal mistake by the judge |
State Supreme Court cases | can only be appealed to the U.S. Supreme Court |
Statutory laws | are passed by the legislators |
criminal case | the indictment and arraignment take place before the trial and sentencing |
Golden Rule | is based on empathy, treating others as you would want them to treat you |
litigation | another name for bringing a civil lawsuit |
double jeopardy | a person cannot be tried twice for the same crime in the same court system |
remedies | in a civil case there are two types--one is payment of money and the other is some other action by the defendant |
stare decisis (let the decision stand) | process of relying on past court cases |
precedent | a past case that a court follows when making a present decision |
ordinances | cities and towns have the power to create laws that affect their citizens |
commerce clause | gives Congress the power to make laws pertaining to interstate commerce (commerce between the states) |
judicial review | courts can decide if laws conflict with the Constitution |
interpreting statutes | when a statute is confusing, the court must decide what the statute means |
summons | Potential jurors receive a letter from the court in the mail, telling them where and when to report for duty. |
voir dire | what lawyers use to choose the jury. It mean to speak the truth. |