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L&E Ch3
L&E Ch3 PHCC
Question | Answer |
---|---|
A forum is a | court |
cited (citation) | a reference to a law |
contract | a legal obligation or agreement |
a contract is also known as | mutual assent |
breach of contract | violation of a legal obligation or agreement |
violation of a legal obligation or agreement | breach of contract |
mutual assent is also known as a | contract |
a reference to a law is called a | citation (cited) |
void | of no legal force or effect |
synonyms for void include: | invalid, nonbinding, annul, revoke, rescind, cancel |
trial | a venue where legal disputes are settled |
criminal law | crimes against the state punishable by a fine and/or incarceration and/or death |
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 |
adversary | an opponent |
plaintiff | one who brings court action against the defendant |
defendant | defends against the plaintiff’s allegations (accusations) |
The district attorney (DA) is also known as the | prosecuting attorney |
The state refers to the | citizens |
deposition | a written legal statement taken under oath AKA an affidavit |
indictment | a written legal accusation by a Grand Jury |
subpoena (summons) | a court ordered command to testify |
A subpoena is also known as a | summons |
jurisdiction | authority |
venue | a county or geographic area where a court may try a case |
district court | has jurisdiction for a small geographic area (Brooksville Courthouse) |
superior court | has jurisdiction over a large geographic area and tries more serious crimes |
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 |
beyond a reasonable doubt | proven in a thorough convincing way |
In a criminal case who has to prove guilt “beyond a reasonable doubt?” | the District Attorney (DA) |
burden of proof | giving convincing legal proof |
Who has the “burden of proving guilt” in a criminal case? | The District Attorney (DA) |
testimony | evidence given by a witness |
witness | a person testifying under oath to what they have seen or heard |
credible | believable |
Examples of credible witnesses include: | 1. Clergy. 2. Police. 3. Strangers |
jury | a group of licensed drivers selected to evaluate evidence and render a verdict |
evidence | something that provides proof |
forensics | the investigation of crime scenes and the presentation of evidence at trial |
preponderance of evidence | more convincing evidence than your opponent |
perjury | a false statement under oath |
sequester | isolation of a jury to ensure impartiality |
verdict | a jury’s decision also known as a judgment or adjudication |
A verdict is also known as a | judgment or adjudication |
In a criminal trial, how many of the jurors must agree in order to find the defendant guilty? | All of them. It must be unanimous |
If a unanimous decision cannot be reached, it is called a | mistrial (hung jury) |
A mistrial is also known as a | hung jury |
A hung jury is also known as a | mistrial |
mitigating | make less severe because of fairness or mercy |
intentional | deliberate |
wanton | reckless disregard for another’s rights |
What does the defendant in a criminal case have to prove for acquittal? | reasonable doubt |
culpable | guilty |
sanction | a penalty also known as sentence, punishment, or retribution |
a penalty also known as sentence, punishment, or retribution | sanction |
A sanction is also known as | a penalty, sentence, punishment, or retribution |
capital punishment | execution |
deterrence (deterrent) | punishment designed to prevent crime |
Examples of deterrence include: | 3 strikes, capital punishment, DUI penalties, 10-20-life |
reformation | rehabilitation |
appeal | a new hearing |
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 of threat to inflict bodily harm |
battery | illegal touching of another |
false imprisonment | unlawful restraint or confinement of one person by another |
fraud | a deliberate deception intended to produce unlawful gain |
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 |
malice | to commit an intentional crime |
murder | killing intentionally |
first degree murder | premeditated killing |
euthanasia | merciful death to terminals or incurables |
Euthanasia is legal in | Oregon & Washington |
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 action is to | call the police and/or escape if possible |
Mutual assent is also known as a | contract |
Of no legal force or effect is called | void, invalid, nonbinding, annul, revoke, rescind, cancel |
A venue where legal disputes are settled is called | a trial |
Crimes against the state punishable by a fine and/or incarceration and/or death refers to | criminal law |
A crime less serious than a felony and punishable by imprisonment for less than 1 year and/or a fine is called a | misdemeanor |
A crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death | felony |
An opponent is also known as an | adversary |
One who brings court action against the defendant is called the | plaintiff |
defends against the plaintiff’s allegations (accusations) | defendant |
a written legal statement taken under oath is called a | subpoena or affidavit |
A subpoena is also known as an | affidavit |
A written legal accusation by a Grand Jury is called an | indictment |
A court ordered command to testify is called a | subpoena or summons |
authority | jurisdiction |
A county or geographic area where a court may try a case is called | venue |
Has jurisdiction for a small geographic area (Brooksville Courthouse) | district court |
Has jurisdiction over a large geographic area and tries more serious crimes | superior court |
The first interrogation of a witness in court | direct examination |
a venue where legal disputes are settled | trial |
violation of a legal obligation or agreement | breach of contract |
mutual assent is AKA a | contract |
a legal obligation or agreement | contract (mutual assent) |
a reference to a law | cited (citation) |
The right to protecting oneself reasonably from acts of violence or threat of violence | self defense |
One who participates with another in a criminal act | accomplice |
Secret planning with another to commit an illegal act | conspiracy |
Unnatural sexual acts | sodomy |
Sexual relations with a minor | statutory rape |
Unlawful intercourse | rape |
A legal application for a court ruling is called a | motion |
Proven in a thorough convincing way | beyond a reasonable doubt |
Evidence given by a witness is called | testimony |
A person testifying under oath to what they have seen or heard is called a | witness |
believable | credible |
A group of licensed drivers selected to evaluate evidence and render a verdict | jury |
Something that provides proof is called | evidence |
The investigation of crime scenes and the presentation of evidence at trial is called | forensics |
More convincing evidence than your opponent is called a | preponderance of evidence |
A false statement under oath is called | perjury |
Isolation of a jury to ensure impartiality is called | sequester |
A jury’s decision also known as a judgment or adjudication | verdict |
Make less severe because of fairness or mercy is called | mitigating |
deliberate | intentional |
Reckless disregard for another’s rights | wanton |
To be found not guilty | acquittal (acquit) |
guilty | culpable |
A penalty also known as sentence, punishment, or retribution | sanction |
An execution is called ____________ punishment. | capital |
Punishment designed to prevent crime | deterrence (deterrent) |
rehabilitation | reformation |
A new hearing | appeal |
A decision made by a judge that becomes law and applies to future cases | precedent |
No jury, the judge decides the verdict | bench trial |
An attempt of threat to inflict bodily harm | assault |
Illegal touching of another | battery |
Unlawful restraint or confinement of one person by another | false imprisonment |
A deliberate deception intended to produce unlawful gain | fraud |
Stealing property | theft |
Stealing, usually to convert to cash | larceny |
personal property stealing with physical injury or threat of injury | robbery |
Breaking and entering to commit a crime | burglary |
To commit an intentional crime | malice |
Killing intentionally | murder |
Premeditated killing | first degree murder |
Merciful death to terminals or incurables | euthanasia |
Unpremeditated (accidental) killing | manslaughter |