What are the 4 sources of law?

Constitutional, Statutory Law, Case Law, Administrative law

What is the greatest good principle?

Aim to maximize overall happiness for the most people

What are the 3 branches of government?

Executive, Legislative, Judicial

How does a bill become a law?

Passed by both houses of Congress and signed by the President

What is substantive law?

Defines crimes and rights of individuals (what the law is)

What is procedural law?

Describes the steps and processes of legal proceedings

What is criminal law?

Deals with crimes and public wrongdoings that can result in imprisonment

Deals with private individuals seeking monetary payment

What is an appellate court?

A court that reviews decisions made by lower courts

What is jurisdiction?

Authority for a court to hear cases

What is the purpose and role of a lawyer?

Provide legal services and representation

Alternative Dispute Resolution such as mediation, negotiation, and arbitration

What was the outcome of the Supreme Court case Roper v. Simmons?

The death penalty for minors was ruled unconstitutional

Sending messages or contacting someone despite being told no

Constant following and showing up uninvited

What constitutes a physical assault charge?

A threat of harm that places someone in apprehension.

What constitutes a battery charge?

Intentional physical contact that causes actual harm or injury

What is the Bill of Rights?

The first ten amendments to the U.S. Constitution that protect individual freedoms from government interference

What constitutes a disturbing the peace charge?

Unreasonable noise or fighting that disrupts public order, such as loud music at night

Laws enacted by a legislature such as Congress or a state assembly

What does precedent mean?

A past judicial decision used as a guide for deciding future cases with similar facts

Who are ordinances passed by?

Local governments or agencies such as cities and counties

What is the purpose of a legal brief?

To summarize the facts and explain how the law applies to support a party’s position

Who is the defendant?

The person accused of a crime or sued in a civil case

What does committing perjury mean?

Knowingly lying under oath during official proceedings

What is a pro bono case?

Legal services provided by lawyers for free to the client

An agreement where a defendant pleads guilty to receive a lesser charge or sentence

What is double jeopardy?

The constitutional protection against being tried twice for the same offense

What cases go to Family Court?

Matters such as child custody, divorce, or name changes

What cases go to Juvenile Court?

Cases involving individuals under 18 accused of delinquent acts, such as theft.

What cases go to Probate Court?

Matters dealing with estates and wills when people die

What cases go to Municipal Court?

Local matters such as traffic violations or city ordinance disputes, including some landlord-tenant issues

What cases go to County Court?

Small contract disputes under about $1,000 (small-claims matters)

Who is the prosecution?

The government’s attorney who brings criminal charges on behalf of the state or people

What are the three levels of crime?

Infraction, misdemeanor, felony

Who is the plaintiff?

The person who files a lawsuit in a civil case

What does negligence mean?

Failure to exercise reasonable care in doing something, resulting in harm

CPLAW Review - Midterm Flashcards

Student preview

49 questions

Show all answers

1.

FLASHCARD QUESTION

Front

What is the 4th amendment?

Back

Protects against unreasonable searches and seizures

2.

FLASHCARD QUESTION

Front

What is the 6th amendment?

Back

Right to a speedy and public trial

3.

FLASHCARD QUESTION

Front

What are Trial Courts?

Back

First courts to hear cases

4.

FLASHCARD QUESTION

Front

What are Appellate Courts?

Back

Higher courts that review decisions made by trial courts

5.

FLASHCARD QUESTION

Front

What is the Supreme Courts?

Back

Highest court in the system

6.

FLASHCARD QUESTION

Front

What is a felony?

Back

More severe crime punishable by over one year in prison

7.

FLASHCARD QUESTION

Front

What is a misdemeanor?

Back

Less serious crime punishable by under one year in jail

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