American Government Chapter 15

misdemeanor

minor crime for which a person can be fined a small sum of money or jailed for up to a year

damages

money ordered by a court to pay for injuries or losses suffered

plaintiff

the person who files a lawsuit

defendant

the person who is being sued

prosecution

the government in the role of the party who starts the legal proceedings against someone accused of a crime

felony

more serious crime such as murder, rape, kidnapping, or robbery

custody

taking official charge of someone

penal code

a state's written criminal laws

summons

a notice directing someone to a court appearance

crime

an act that breaks the law and harms people or society

delinquient offender

a youth who has committed a criminal case

disposition hearing

the sentencing in a juvenile case

plea bargaining

a process in which a defendant agrees to plead guilty to a less serious crime in order ot get a lighter sentence

adjudication hearing

the procedure used to determine the facts in a juvenile case, like a trial in criminal law

detention hearing

the procedure by which a judge decides whether to charge a juvenile with an offense; like a preliminary hearing in an adult trial

cross-examination

the questioning of a witness at a trial to check or discredit the witness' testimony

tort

a wrongful act for which a person has the right to sue

negligence

lack of proper care and attention

rehabilitate

to correct a person's behavior

discovery

a process by which lawyers check facts and gather evidence before a trial

complaint

a formal notice that a lawsuit has been brought

A driver charged with running a red light is an example of a civil lawsuit.

false

Paul gave Dave a television set, and Dave told him he would pay $600. Dave failed to pay. Can Paul sue Dave for breach of contract?

no, because the amount was more than $500

A trial involving charges of damage to property caused by negligence is an example of \____________________.

civil law

F and G have an agreement. G will drive F to another city and F will pay G $150. G does not pay attention while he is driving and has an accident. F is hurt and sues G for negligence. This lawsuit involves \________________.

personal injury

Failing to exercise reasonable caution to avoid injury or property damage is known as being \____________________.

negligent

John is tired of Mr. Wiggins coming into his bookstore and messing up his magazine display racks. He sets a trap for Wiggins by placing a banana peel on the floor where Wiggins will trip on it. If Wiggins is hurt, he can sue John for \_______________.

an intentional tort

The search for information at the beginning of a lawsuit is called \_________________.

discovery

In a civil trial, the defendant presents his or her case first.

false

A judge can order that money be deducted from the defendant's paycheck to pay damages to the plaintiff.

true

A defendant found to have behaved badly may have to pay additional money as a punishment.

true

Most crimes are federal crimes.

false

Vandalism may be either a felony or a misdemeanor, depending on \______________________.

the dollar amount of damage done

Threatening to attack another person is \____________________.

misdemeanor

Crimes against people are called violent crimes.

true

The same crime always results in the same punishment.

false

One purpose of criminal punishment is to compensate the person who was harmed.

false

In a felony case, the accused enters a plea of guilty or not guilty at the \________________.

arraignment

During the \_________, each lawyer outlines the case he or she will present.

opening statements at the trial

Who decides whether a criminal case will be tried by a judge or a jury?

the defendant

The juvenile justice system was set up to teach young offenders the difference between right and wrong.

true

The age at which a person can be tried as an adult \_________________.

differs from state to state

Under \___________, juveniles who are charged with a crime have the right to an attorney.

a supreme court ruling

Federal law determines whether a juvenile who has committed a serious crime will be tried as an adult.

false

Which of the following is a juvenile status offense?

skipping school

Once the police take custody of a juvenile offender, they must bring him or her to court.

false

A social worker may decide how a juvenile case will be handled.

true

If a case goes through diversion, the juvenile offender may \__________________.

receive counseling

A disposition hearing is similar to an adult \_____________________.

sentencing hearing