Justice System Study Guide

Civil Law

deals with problems between people (like suing someone)

Criminal Law

deals with crimes against the public (like theft or murder)

Plantiff

the person who starts a lawsuit

Defendant

the person being accused or sued

Settle/Settlement

an agreement to end a case without a trial

Preponderance f the Evidence

more than 50% of the evidence supports one side (used in civil cases)

Compensatory Damages

money paid to make up for harm or loss

Punitive Damages

extra money to punish the wrongdoer

Misdemeanor

a minor crime (like shoplifting)

Felony

a serious crime (like robbery or murder)

Theory of Punishment

the reasons why we punish people

Retribution

punishing someone because they deserve it (revenge)

Incapacitation

keeping someone away from society (like prison)

Deterrence

punishing to stop others from doing the same crime

Reparation or Restitution

paying back the victim for harm caused

Rehabilitation

helping someone change and not commit crimes again

Prosecution

the lawyers trying to prove the defendant is guilty

Arrest

when someone is taken into custody by police

Preliminary Hearing

a hearing to see if there’s enough evidence for a trial

Bail

money paid to get out of jail before trial

Grand Jury

a group that decides if there’s enough evidence to charge someone

Indictment

a formal charge of a serious crime

Arraignment

the first court appearance where the defendant says “guilty” or “not guilty.”

Plea Bargain

an agreement to plead guilty to get a lighter sentence

Voir dire

questioning jurors to see if they’re fair/will be selected

Peremptory Challenge

kicking out a juror without giving a reason

Challenge for Cause

icking out a juror for a good reason (like bias)

Pre-Trial Motion

a request to the judge before trial starts

Change of Venue

moving the trial to another location

Opening Statement

the first speech by lawyers explaining their side

Direct Examination

a lawyer questions their own witness

Cross Examination

the other lawyer questions the witness brought to stand by previous lawyer

Closing Statement

the final speech by lawyers before the jury decides

Jury Instructions

the judge tells the jury the rules they must follow

Deliberation

when the jury talks about the case to decide

Verdict

the jury’s decision (guilty or not guilty)

Unanimous

everyone on the jury agrees

Beyond a Reasonable Doubt

the level of proof needed to convict someone in a criminal case (no reasonable person would doubt it based on the evidence)

Acquit

the jury says the defendant is not guilty

Hung Jury

the jury can’t agree on a verdict

Jury Nullification

when a jury finds someone not guilty even if the law says they’re guilty, because they think the law is unfair