c15 terms

law

the set of rules and standards by which a society governs itself

Constitutional Law

law that involves the interpretation and application of the U.S. Constitution and state constitutions

Statute

a written law passed by a legislative body

Ordinance

law

Statutory Law

law written and enacted by a legislative body

Administrative Law

law spelling out authority

Common Law

law made by judges

Equity

a system of rules by which disputes are resolved on the grounds of fairness

Due Process

5th Amendment Principle stating that government must follow procedures in trials

Procedural Due Process

principle that prohibits arbitrary enforcement of the law, and also provides safeguards to ensure that constitutional and statutory rights are protected by law enforcement

Adversary System

a judicial system in which opposing lawyers present their strongest cases

Presumed Innocence

the presumption that a person is innocent until proven guilty

Civil Law

one relating to disputes among two or more individuals or between individuals and the government

Contract

set of voluntary promises

Expressed Contract

a contract in which the terms are specifically stated, usually in writing

Implied Contract

a contract in which the terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances

Real Property

land and anything attached to it

Personal Property

movable belongings such as clothes and jewelry, as well as intangible items like stocks, bonds, copyrights, and patents

Mortgage

A loan to purchase a home or other real estate

tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

plaintiff

a person who brings a case against another in a court of law.

defendant

an individual or group being sued or charged with a crime

injunction

order stopping a particular action

complaint

legal document filled with the court that has juris over the problem

summons

Official notice to appear in court.

answer

a formal response by a defendant to the charges in a complaint

discovery

process when both sides prepare for a trial by gathering evidence to support their case

mediation

a process in which each side is given the opportunity to explain its side of the dispute and must listen to the other side

affidavit

a written statement to prove statements of fact signed by a witness under oath

criminal law

one that defines crimes and provides for their punishment

Criminal Justice System

system of state and federal courts, police, and prisons that enforces criminal law

Petty offense

a minor crime, usually punished by a ticket rather than being arrested

Misdemeanor

a minor crime, less than a felony, usually punished with a fine or 1- year jail

Felony

major crime

Arrest Warrant

order signed by a judge naming the individual to be arrested for a specific crime

grand jury

group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial

indictment

A formal charge by a grand jury

information

a sworn statement by the prosecution that there is sufficient evidence for a trial

plea bargaining

the process in which a defendant agrees to plead guilty to a less serious crime in order to receive a lighter sentence

jury

A group of people sworn to abide by the laws to determine the truth

verdict

decision

hung jury

jury unable to reach a decision

sentence

the punishment to be imposed on an offender after a guilty verdict