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CourtsChapter1
| Term | Definition |
|---|---|
| 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
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