CourtsChapter1
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| Court | Judicial branch; proper legal authority; adjudication
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| Adjudication | the process by which a court arrives at a decision regarding a case
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| Civil Courts | resolve disputes between private parties
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| Criminal Courts | try suspected offenders
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| Dual Court System | separates federal and state courts
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| Dual Federalism | only explicitly listed is federal and the rest is left to the states
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| Cooperative Federalism | lines between federal and state courts are blurred
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| Functions of the Court System | 1. Upholding the Law
2. Protecting Individuals
3. Resolving Disputes
4. Reinforcing Social Norms
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| Code of Hammurabi | Earliest-known formal written legal code
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| Common Law | All judges went by this law and knew about it
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| Special Law | Laws of specific villages
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| Precedent | A previous decision was incorporated into future cases; Stare decisis which means "to stand by things decided"
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| Modern Legal Codes (United States Code) | federal laws, violations and rights that can lead to federal prosecution; states have their own codes
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| 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
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| Constitution (Bill of Rights) | most significant source of law; place limits on government authority; (first ten amendments)
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| Oversight | how police officers do their jobs; the use of deadly force
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| Presumption of Innocence | Innocent until proven otherwise
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| Rebuttable Presumption | Prosecutor has provided evidence to incriminate the individual
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| Amendment I | Freedom of religion, speech, press, assembly, and petition
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| Amendment II | Right to bare arms
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| Amendment III | Cannot quarter solders without consent of owner
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| Amendment IV | Right against unreasonable searches and seizures
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| Amendment V | Right to due process, right against self-incrimination, double jeopardy
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| Amendment VI | Right to a speedy and public trial
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| Amendment VII | Right to a trial by jury for a civil case
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| Amendment VIII | Freedom from excessive bail, cruel and unusual punishments
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| Amendment IX | Other rights for the people
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| Amendment X | Power to the States
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| Due Process (Substantive and Procedural) | Protecting people's life liberty and property interests; fairness
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| Adversarial Justice System | Allowing two parties (defendant's and the government's) to go at each other in pursuit of the truth
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| Adversarialism | The founding fathers allowing argument, debate, and openness as a defense against the government
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| Crime | A violation of the criminal laws of any jurisdiction
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| Felony | Serious offenses generally punishable by more than one year of incarceration
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| Misdemeanor | Less serious than Felony and are generally punished with less than a year of incarceration
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| Infractions | Less serious than Misdemeanors and punishable by fine; violations of state statutes or local ordinances
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| Corpus Delicti | "the body of the crime"
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| Actus Reus | "the criminal act"
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| Mens Rea | "a guilty mind"
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| Alibi | Somewhere else at the time of the crime
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| Justification Defense | Admits to committing the act but claims that it was necessary in order to avoid some greater evil
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| Excuse Defense | Admits to crime but was not in state of mind. Insanity, diminished capacity, age, duress, intoxication, and entrapment.
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Created by:
cryogi
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