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| authority that every court has |
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| law that seeks to prevent from harming others or property |
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| what our courts run under |
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| person bringing the charges against the criminal |
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| individual or group being charged |
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| serious crimes(murder, rape, kidnapping, robbery) |
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| minor crime (vandalism, inexpensive theft, bad checks) |
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| disputes between people where no law was broken |
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| legal action where person or group sues to collect for damage done |
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| civil wrong where person suffers from injury and claims another party is responsible |
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| treaties, customs and agreements between two nations |
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| protects citizens from legal search and seizure |
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| a judges authorization to find certain items (evidence) |
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| not legally required to testify against yourself |
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| the right to remain silent and not incriminate against yourself |
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| person tried for a crime, found not guilty, can be tried again for same |
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| person must appear in court to decide if gov. has enough evidence to bring them to trial |
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| allows your right to an attorney |
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| outlaws cruel and unusual punishment |
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| cases of taking care of people and their personal affairs |
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| formal statement naming the plaintiff and the nature of the lawsuit |
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| document telling person of the suit against them and orders them to court |
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| answer to complaint; admits it or defends why their not to blame |
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| when each side gathers evidence |
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| parties agree on amount of money the defendant will pay, or the time in jail |
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| mediator helps each side give and take |
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| arbitrator acts as judge and resolves the case; legally binding |
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| if mistake was found in trial and injustice prevailed, plaintiff can appeal the verdict to a higher court |
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| gov. is always the prosecution |
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| physical/threat of injury |
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| given by otherside to discreet witness |
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| defendant found not guilty is set free |
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| found guilty- sentenced to time in jail |
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| summary of the argument each side will make |
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| how the supreme court is appinted for life |
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| 100% sure that the persons accused of the crime |
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| 51% sure that persons accused of the crime |
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| law passed by courts and state or local gov. |
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| Explain the procedure from start to finish in a criminal case. |
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Definition
1. Bringing the suit
a. lawyer files a complaint: a formal statement naming the plaintiff and the nature of the lawsuit
b. defendant is sent a summons: a document telling the person of the suit agaisnt them and orders them to court
2. Defendants Response
a. the defendant must file their pleading: an answer to a complaint; admits it or defends why their not to blame
b. easch side gathers evidence
3. Preliminary trial
a. judge calls on both parties to discuss/clarify the case
b. case could be weak and dropped, or strong and prosecuted
c. strong case could force a settlement/plea bargain: when parites agree on amount of money the defendant will pay or the time they will spend in jail
d. can also go to Mediation: when a mediator helps each side give and take
e. suit can be submitted to Arbitration:when arbitrator acts as judge and resolves the case
f. many cases dont stretch out because of costs, and many are settled relatively early
4. The Trial
a. settled by a jury of 6-12 people or a judge alone
b. in civil trial, the prosecution needs to prove that the defendant is to blame
5. The Appeal
a. if a mistake was found and an injustice prevailed, plantiff can appeal verdict to a higher court
b. may take years to receive the settlement or get out of jail |
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| Explain the procedure from start to finish in a civil case. |
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1. Arrest: police arrest and book suspect
a. warrant/miranda must be done properly
2. Preliminary Hearing
a. suspect appears before the judge
b. police show probable cause
c. bail is set
3. Indictment
a. Grand Jury(judge) hears evidence and family charges suspect with crime
4. Arraingment: formally charged and enters a plea
a. if the defendant pleas not guilty
b. trial date set
c. defendant can also plead guilty and accept a plea bargain
5. Trial
a. lawyers study law, interciew witnesses (discovery)
b. jury selection, both sides select those best for them
c. opening statement by each side
d. present cases
1. hear testimonies: answers given under oath
2. cross-exam: given by other side to discreet witness
3. verdict is reached
e. acquittal/sentencing
1. acquittal: defendant found not guilty is set free
2. sentencing:found guilty- sentenced to time in jail or worse |
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