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Chapter 5
Legal and Ethical Responsibilities
| Term | Definition |
|---|---|
| law | a rule recognized as binding and enforced by a controlling authority |
| criminal law | crimes against the state punishable by a fine and/or incarceration and/or death |
| Who is the state? | US citizens |
| The state is represented by the | district attorney (DA) AKA the state's prosecutor AKA prosecuting attorney |
| beyond a reasonable doubt | proven in a thorough convincing way |
| In a criminal case the district attorney (DA) has to prove | beyond a reasonable doubt. |
| burden of proof | giving convincing legal proof |
| Who has the "burden of proving guilt" in a criminal trial? | The district attorney (DA) |
| cited (citation) | a reference to a law |
| forum | a court |
| court | a place for the administration of justice |
| district court | has jurisdiction for a small geographic area (Brooksville courthouse) |
| jurisdiction | authority |
| superior court | has jurisdiction over a large geographic area and tries more serious crimes |
| evidence | something that provides proof |
| preponderance of evidence | more convincing evidence than your opponent (adversary) |
| trial | a venue where evidence is examined and legal disputes are settled |
| venue | a county or geographic area where a court may try a case |
| misdemeanor | a crime less serious than a felony and punishable by imprisonment for less than 1 year and/or a fine |
| felony | a crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death |
| plaintiff | one who brings court action against the defendant |
| defendant | defends against the plaintiff's allegations (accusations) |
| deposition | a written legal statement taken under oath AKA affidavit |
| indictment | a written legal accusation by a grand jury |
| grand jury | a group of licensed drivers who determine if there is sufficient evidence for a trial |
| direct examination | the first interrogation of a witness in court |
| cross examination | the second interrogation of a witness in court |
| motion | a legal application for a court ruling |
| An example of this legal application is | a motion to suppress evidence |
| testimony | evidence given by a witness |
| witness | a person testifying under oath to what they have seen or heard |
| subpoena (summons) | a court ordered command to testify |
| forensics | the investigation of crime scenes and the presentation of evidence at trial |
| credible | believable |
| Examples of credible witnesses include: | 1. Clergy. 2. Police 3. Strangers |
| perjury | a false statement under oath |
| jury | a group of licensed drivers selected to evaluate evidence and render a verdict |
| mitigating | make less severe because of fairness or mercy |
| malice | to commit an intentional (deliberate) crime |
| verdict | a jury's decision AKA judgement or ajudication |
| acquittal (acquit) | to be found not guilty (innocent) |
| An acquittal can be achieved if the defendant can show | reasonable doubt |
| culpable | guilty |
| If a unanimous decision cannot be reached by the jury, it is called a | mistrial (hung jury) |
| sanction | a penalty AKA sentence, punishment, or retribution |
| sequester | isolation of a jury to ensure impartiality |
| fraud | a deliberate deception intended to produce unlawful gain |
| capital punishment | execution |
| deterrence (deterrent) | punishment designed to prevent crime |
| Examples of deterrents include: | 3 strikes, capital punishment, DUI penalties, 10-20-life |
| precedent | a decision made by a judge that becomes law and applies to future cases |
| bench trial | no jury, the judge decides the verdict (Judge Judy) |
| assault | an attempt or threat to inflict bodily harm |
| battery | illegal touching of another |
| theft | stealing property |
| larceny | stealing, usually to convert to cash |
| robbery | personal property stealing with physical injury or threat of injury |
| Examples of robbery include: | mugging, liquor store hold up, bank robbery |
| burglary | breaking and entering to commit a crime |
| murder | killing intentionally |
| first degree murder | premeditated murder |
| manslaughter | unpremeditated (accidental) killing |
| rape | unlawful intercourse |
| statutory rape | sexual relations with a minor |
| sodomy | unnatural sexual acts |
| Sodomy includes | oral sex, anal sex, and sex with animals |
| conspiracy | secret planning with another to commit an illegal act |
| accomplice | one who participates with another in a criminal act |
| self defense | right to protecting oneself reasonably from acts of violence or threat of violence |
| The most reasonable (prudent) action is to | call the police and/or escape if possible |
| civil law (lawsuit) | crimes against a person(s) with damages awarded |
| damages | monetary awards sought by plaintiffs in lawsuits |
| compensatory damages | monetary compensation for an actual loss |
| punitive damages | monetary compensation designed as a punishment for the offender |
| garnishment | a court ordered payment of a portion of the employee's paycheck directly to their creditors until the debt is resolved |
| liability insurance | insurance coverage for negligent acts or omissions |
| statute of limitations | a time limit within which one person can sue another |
| The statute of limitations for filing a medical malpractice lawsuit is usually | 2 years |
Created by:
magsterk9
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