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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 |