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Court Judicial branch; proper legal authority; adjudication
Adjudication the process by which a court arrives at a decision regarding a case
Civil Courts resolve disputes between private parties
Criminal Courts try suspected offenders
Dual Court System separates federal and state courts
Dual Federalism only explicitly listed is federal and the rest is left to the states
Cooperative Federalism lines between federal and state courts are blurred
Functions of the Court System 1. Upholding the Law 2. Protecting Individuals 3. Resolving Disputes 4. Reinforcing Social Norms
Code of Hammurabi Earliest-known formal written legal code
Common Law All judges went by this law and knew about it
Special Law Laws of specific villages
Precedent A previous decision was incorporated into future cases; Stare decisis which means "to stand by things decided"
Modern Legal Codes (United States Code) federal laws, violations and rights that can lead to federal prosecution; states have their own codes
Administrative Regulation (Code of Federal Regulations) government agencies that have their authority by the executive and legislative branch; these agencies enforce administrative regulations; civil rather than criminal
Constitution (Bill of Rights) most significant source of law; place limits on government authority; (first ten amendments)
Oversight how police officers do their jobs; the use of deadly force
Presumption of Innocence Innocent until proven otherwise
Rebuttable Presumption Prosecutor has provided evidence to incriminate the individual
Amendment I Freedom of religion, speech, press, assembly, and petition
Amendment II Right to bare arms
Amendment III Cannot quarter solders without consent of owner
Amendment IV Right against unreasonable searches and seizures
Amendment V Right to due process, right against self-incrimination, double jeopardy
Amendment VI Right to a speedy and public trial
Amendment VII Right to a trial by jury for a civil case
Amendment VIII Freedom from excessive bail, cruel and unusual punishments
Amendment IX Other rights for the people
Amendment X Power to the States
Due Process (Substantive and Procedural) Protecting people's life liberty and property interests; fairness
Adversarial Justice System Allowing two parties (defendant's and the government's) to go at each other in pursuit of the truth
Adversarialism The founding fathers allowing argument, debate, and openness as a defense against the government
Crime A violation of the criminal laws of any jurisdiction
Felony Serious offenses generally punishable by more than one year of incarceration
Misdemeanor Less serious than Felony and are generally punished with less than a year of incarceration
Infractions Less serious than Misdemeanors and punishable by fine; violations of state statutes or local ordinances
Corpus Delicti "the body of the crime"
Actus Reus "the criminal act"
Mens Rea "a guilty mind"
Alibi Somewhere else at the time of the crime
Justification Defense Admits to committing the act but claims that it was necessary in order to avoid some greater evil
Excuse Defense Admits to crime but was not in state of mind. Insanity, diminished capacity, age, duress, intoxication, and entrapment.
Created by: cryogi