civics u8

common law

law based on previous decisions rather than on written rules

precedent

an earlier ruling made by the judicial branch on a similar case

statutes

rules written by a legislative body that govern individuals and/or groups

plaintiff

the individual or group that brings charges against the accused

defendant

the individual or group that is accused of breaking the law

felonies

serious crimes that have serious consequences for the victim and the criminal

misdemeanors

crimes that are punishable by fines and/or jail time less than one year

larceny

unlawfully taking someone's property without the intent to return it

robbery

unlawfully taking someone's property without the intent to return it through the use of force or threats

burglary

unlawfully entering a structure with the intention to commit a crime

lawsuit

a legal action in which an individual or group sues to gain compensation for a harm that was done

torts

a wrong done to a person that can be tried in a civil court

libel

written information that is false and damaging

constitutional law

law that explicitly or implicitly outlined in a constitution

stare decisis

when courts base their rulings on previous court decisions on similar cases

writ of habeas corpus

the requirement that a person who has been arrested be brought to court to be formally charged with a crime

bills of attainder

punishing a person accused of a crime without a trial or court hearing

ex post facto laws

laws that punish a person for an action that wasn't a crime when they did it

due process of law

rule that the government may not take individual's/group's lives, property or freedom without following legal procedures

search warrant

a document issued by a judge that allows law enforcement to search a person's home, property or effects

double jeopardy

rule that if a person is tried for a crime and found not guilty they cannot be tried for the same crime again

grand jury

a group of citizens that hears evidence presented by a prosecutor and is tasked with deciding if there is enough evidence to have a trial

plea bargaining

a negotiation between the prosecutor and the defense attorney to avoid trial in exchange for the defendant accepting a lesser sentence

bail

money an arrested person pays to a court in order to avoid jail time while they wait for their trial. If the defendant does not report for the trial the government keeps the money.

complaint

a statement that names the plaintiff and the defendant and describes a lawsuit

summons

a document that announces that a defendant is being sued and sets the date and time the defendant is required to appear in court

discovery

the period of time during which lawyers on each side have the opportunity to gather evidence, check facts and question witnesses

settlement

an amount of money a defendant pays to the plaintiff that results in a trial being unnecessary

prosecution

the party who starts legal proceedings against another party for a violation of the law

crime

an act that breaks a federal or state criminal law and causes harm to people or society

penal code

written criminal laws that outline what is a crime and the punishments for each crime

parole

early release from prison

mandatory sentencing

a rule established by a state that requires a judge to impose a specific sentence for a particular crime

arraignment

when a defendant is formally presented with the charges against them and asked to enter a plea (guilty, not guilty, no contendere)

testimony

answers a witness gives under oath while questioned in a trial

cross examine

when a witness is questioned by the other side in a case after giving their initial testimony

acquittal

a vote by a jury that a defendant is not guilty

hung jury

when a jury cannot agree on a verdict

juvenile

anyone under the age of 18

juvenile delinquents

anyone under the age of 18 who commits a crime

rehabilitate

to correct a person's behavior rather than punish