Chapter 1 - Foundations of Law Practice Flashcards

Foundational legal terms, constitutional amendments, legal standards of proof, and components of the criminal justice system as outlined in the Chapter 1 lecture notes.

Law

Rules formulated by the government.

Justice

Fairness and objectivity in the application of law.

Social Contract

The surrender of freedoms in exchange for protection by society, such as surrendering the freedom to assault others.

English Common Law (Custom Law)

A system originating hundreds of years ago in England where royal judges settled legal disputes and random judicial decisions became accepted law.

U.S. Constitution

The fundamental written law of the United States, originally designed as a blueprint for a federal system.

Statutes

Formal written laws enacted by the legislature, such as the Penal Law defining criminal offenses.

Court Decisions (Case Law)

Written interpretations by courts of the Constitution and statutes that establish precedent for policing.

Criminal Law

Legal actions involving wrongs against society initiated by the State (District Attorney), representing State vs. Individual.

Civil Law (Tort)

Legal actions involving wrongs against an individual initiated by the injured person, representing Person vs. Person.

Probable Cause

Reasonable cause or reasonable grounds to believe something.

Preponderance of Evidence

Evidence that is more convincing than opposing evidence, often referred to as the $51\%$ standard.

Clear and Convincing Evidence

A standard of proof more than a preponderance but less than beyond a reasonable doubt, where evidence is highly and significantly more likely to be true than false.

Beyond a Reasonable Doubt

The highest legal standard where evidence leaves no reasonable alternative explanation.

Felony

A category of crime punishable by confinement in a State Prison.

Misdemeanor

A category of crime punishable by confinement in a City/County Jail for a period of $16-364$ days.

Petty Offense

A category of offenses including Violations (punishable by City/County Jail) and Traffic Infractions (no confinement).

Article I

The section of the U.S. Constitution that establishes the Legislative Branch.

Article II

The section of the U.S. Constitution that establishes the Executive Branch.

Article III

The section of the U.S. Constitution that establishes the Judicial Branch.

First Amendment

Protects the freedoms of Religion, Assembly, Press, Petition to Government, and Speech (RAPPS).

Second Amendment

The constitutional amendment providing the Right to Bear Arms.

Fourth Amendment

Protects against unreasonable governmental searches and unreasonable governmental seizures.

Fruit of the Poisonous Tree

The legal principle that evidence obtained through an illegal search or seizure, and any additional evidence discovered because of it, may be excluded from court.

Fifth Amendment

Grants rights including Grand Jury, Eminent Domain, Due Process, Double Jeopardy, and protection against Self-Incrimination (REDDS).

Double Jeopardy

A Fifth Amendment protection that prohibits a citizen from being tried twice on the same charges.

Grand Jury

A closed process consisting of $16-23$ people where at least $12$ jurors must determine sufficient evidence exists for an indictment (True Bill).

Due Process

A principle ensuring the government cannot unfairly deprive a person of life, liberty, or property without proper legal procedures.

Eminent Domain

The power of the government to acquire private property for public use provided fair property value is paid.

Sixth Amendment

Provides the right to a speedy and public trial, counsel, the right to confront and cross-examine witnesses, and to be informed of charges.

Eighth Amendment

Protects against cruel and unusual punishment, excessive bail, and excessive fines.

Fourteenth Amendment

Protects citizens from abusive acts by state governments and specifies that states cannot remove rights granted under the Bill of Rights.

Retribution

A purpose of criminal sentencing intended to punish wrongdoers.

Incapacitation

A purpose of criminal sentencing intended to protect the community.

Jurisdiction

A court's authority to hear a particular case.

New York City Criminal Court

The court responsible for initial arraignments, misdemeanors, and felony cases before indictment.

New York Supreme Court

The court responsible for felony trials and grand jury proceedings.

New York City Family Court

Handles cases involving children, domestic violence, Persons in Need of Supervision (PINS), and juvenile delinquency.

New York State Court of Appeals

The highest court in the state of New York.

United States Supreme Court

The highest court in the United States whose decisions become nationwide case law.

Summary Arrest

An arrest made without a warrant.

Arraignment

The initial court appearance for a defendant.

Preliminary Hearing

A proceeding to determine whether sufficient evidence exists to present the case to the grand jury.