Sophomore-freshman study guide

Separation of powers

The division of power among the branches of government.

Three branches of government

The branches of government are the executive, the legislative, and the judicial branches.

Statutes

Written laws enacted by the legislature.

Appeals court

The losing party may ask an appeals court to review the decision made by the trial court for an error in law.

Municipal court

The federal appeals courts directly below the U.S. Supreme Court are the municipal or county court, the intermediate Court of Appeals, and the state supreme court.

Trial court

Courts that listen to testimony, consider evidence, and decide the facts in a disputed situation.

Tribal court

Tribal courts exist to settle disputes on Native American reservations.

U.S. District Court/Circuit court

The US District Courts are the primary trial courts of the federal court system, handling both civil and criminal cases within their specific geographic areas.

Family court

The types of cases that the family or domestic relations court hears are divorces, separations, and child custody.

Small claim court

Small claims courts are civil courts where individuals may bring cases to court without lawyers.

Megan's Law

The registration of all convicted sex offenders in the community was implemented as a result of the victim's advocacy groups.

Larceny

The unlawful taking of another's property with the intent of stealing it.

Arson

The deliberate and malicious burning of another person's property.

Robbery

The unlawful taking of property from a person's immediate possession by force or intimidation.

Burglary

Breaking and entering a building with the intention of committing a crime.

Supremacy clause

Establishes the U.S. Constitution and federal laws as the supreme law of the land.

Checks and Balances

The power of each of the three branches of government to limit the other branches' power, so as to prevent abuse.

Precedent

A decision on a legal question that guides future cases with similar questions.

Misdemeanor

A criminal offense, less serious than a felony, punishable by a prison sentence of one year or less.

Grand larceny

A felony theft of anything above a certain value.

Tiers of registration for sex offenders

Tier I requires registration annually, Tier II every six months, and Tier III every 90 days.

felony

A serious criminal offense punishable by a prison sentence of more than one year.

conspiracy

An agreement between 2 or more persons to commit a crime.

Strict liability

The legal responsibility for damage or injury, even if you are not negligent.

First-degree murder

The act of killing that is premeditated, deliberate and done with malice.

Involuntary manslaughter

Killing in which there is no intent to kill at all.

Homicide

The killing of one human being by another.

Non-criminal homicide

Non-criminal homicides that don't have any criminal penalty.

Rape

Unlawful sexual intercourse committed when one party forces another party to have sexual intercourse, implying a lack of consent.

Acquaintance rape

Unlawful sexual intercourse committed by a person known to the victim.

Degrees of crimes

Felonies, misdemeanors, and infractions.

Statutory rape

Sexual intercourse when an older person (18 or older) has sexual intercourse with a child (16 or younger), with or without consent.

Plea bargain

Negotiations between the prosecutor, defendant, and the defendant's attorney in exchange for the defendant agreeing to plead guilty.

Voir dire

The screening process in which opposing lawyers question prospective jurors to ensure a favorable or fair jury.

Removal for Cause

Part of the jury selection process where opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict.

Peremptory challenges

Part of the pretrial jury selection where attorneys may dismiss a certain number of possible jurors without giving any reason.

accomplice

A person who voluntarily helps another person commit a crime, usually present or directly aiding in the crime.

Adversarial court system

The judicial system used in the U.S. that allows opposing parties to present their legal conflicts before an impartial judge and jury.

Supreme Court-highest

When the Supreme Court rules on a matter, all lower courts in the country must follow the precedent in the opinion.

Accessory before and after the fact

The person who helps commit a crime but is usually not present at the crime.

Accessory before the fact

A person who encourages, orders, or helps plan a crime.

Accessory after the fact

Someone who, knowing a crime had been committed, helps conceal the crime or the criminal.

Punishments for criminal homicide

First-degree murder: Life imprisonment to the death penalty; Second-degree murder: A decade to life imprisonment; Manslaughter: A few years to several decades.

What is law?

The rules and regulations made and enforced by the government that regulate the conduct of people within society.