government civil and criminal law Flashcards | Quizlet
 
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government civil and criminal law

Terms in this set (28)

every time the supreme court rules we have another___but it was not made by the legislature
law
laws made by the legislative body are called what?
statute
what is the difference between criminal and civil law
criminal: seeks to protect society Civil: does not seek to protect
what is the most important source of the law in the U.S?
the constitution
when the supreme court rules what type of law is this?
case law
where do administrative laws come from?
executive branch
in order to obtain a search warrant from a judge what must a police officer have?
probable cause
what does exclusionary rule prevent?
past evidence to be used again in trial
what is the purpose of the grand jury?
it decides if government has enough evidence to bring the suspect to trial
what is a plea bargain and why would a person want one?
a agreement in which the defendant pleads guilty to a reduced charge. they get a lighter sentence
what is civil law?
disputes between people or groups
explain the meaning of plaintiff and defendant by describing their role in a lawsuit
a person who files a lawsuit if a plaintiff and the person being sued is the defendant
explain the connection between a complaint and a summons
when the plaintiffs lawyer files a complaint, the court sends the defendant a summons, which is what they did
what takes place during discovery?
lawyers check the facts and question possible witnesses, while they gather evidence about the dispute
what is a verdict?
a decision, in favor of one party
if you lose your tort what options do you have?
you can appeal to a higher court
what is the main difference between a violation of civil law and a crime?
crime is any act that harms people and civil law is just disputes between 2 or more people
what are the 4 functions of penalties?
1. simply to punish
2. to protect society
3. punishment serves as a warning
4. help criminals change their behavior
who is the plaintiff in a civil case?
the complainer/ one who filed the case
who is the plaintiff in a criminal case?
government
what is the plaintiff called in a criminal case?
prosecution
most criminal cases end through what instead of a trial?
plea bargain
must the jury be 100% certain the defendant is guilty?
no, 95%, jury must be convinced beyond a reasonable doubt that the accused committed the crime
what does it mean to find someone not guilty?
acquittal
in most states and federal district court how many members of the jury must find you guilty?
unanimous
if the jury cannot find a verdict, what happens?
judge will declare mistrial
what is the primary goal of juvenile courts, define it?
to rehabilitate, correct a persons behavior
what adult rights have been extended to children by the supreme court?
1. told of the charges against them
2. right to an attorney
3. cross-examine witness against them
4. remain silent when being questioned
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