Ecoment - Court System

Trial

question of fact

“did you do what you’re accused of?”

Appeal

question of law

“was the process fair?”

Bail

your promise to come back to court

(what is the amount of money that will make the defendant come back?)

Arraignment

• a court hearing where the charges and rights of the defendant are read

• defendant enters their plea

Extradition Treaty

the promise to send someone back if they flee to another country if the treaty exists between the U.S and that country

Bench Trial

when a judge decides if defendant is guilty or not

Jury Trial

when the jury decide if defendant is guilty or not

Change of Venue

to move the location of a trial

Group Viordire

a series of questions that the jury are asked to eliminate anyone who is not fit for the jury

Double Jeopardy

you cannot be tried for the same case twice

Jail

temporary holding facility run by the county holding people until they make bail

(short term; usually less than 1 year)

Prison

long term stay for someone who commits a felony

Opposing Teams of Civil Cases

person vs. person

(plaintiff vs. defendant)

Opposing Teams of Criminal Cases

government vs. person

(prosecutor vs. defendant)

Types of Civil Cases

person injury, property damage, divorce, adoption, torts

Types of Criminal Cases

murder, assault, arson, robbery

Tort

civil version of a crime

Decision for Civil Cases

jury: majority must agree (1 more than half)

Decision for Criminal Cases

jury: unanimous (ALL must agree)

Standard of Proof (civil)

by a preponderance of the evidence

(more likely than not)

Standard of Proof (criminal)

beyond a reasonable doubt

Punishment (civil)

fines, property

Punishment (criminal)

life (death), liberty (jail), and/or property ($)

Necessary and Proper Clause

allows the Constitution to adapt when extraordinary things happen

(only expands powers; cannot limit)

Habeas Corpus

a protection of citizens —» no one can be detained unless there is a public reason

Ex post facto

the government cannot make a law and then arrest people who would’ve broke the law before it was passed

Emolument Clause

• the president personally cannot accept gifts/money from others (cannot make money other than salary)

• we don’t want these gifts to influence decisions made for the nation

Full Faith and Credit Clause

states must recognize the laws of other states

Privileges and Immunities

you cannot be discriminated against because of the state you came from