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Chapter 15 Goverment Test
United States Government: Democracy in Action
53
Social Studies
10th Grade
02/28/2012

Additional Social Studies Flashcards

 


 

Cards

Term
Early Systems of Law
Definition

-Code of Hammurabi (Babylonia)

-Ten Commandments

-Justinian Code (Roman legal code)

-Napolean Code (based of off Justinian Code used by France and Louisiana)

 

Term
Law
Definition
Set of rules and standards by which a sociey governs itself.
Term
Constitutional Law
Definition
Law that involves the interpretation and application of the U.S Constitution and state constitutions. Deides the limits of the governments power and the rights of the individual. Deals with civil and criminal law cases.
Term
How the Constitution Shapes the U.S
Definition

-Establishes our country as a representative democracy.

-Outlines the structure of our governemt.

-Sets forth our basic rights.

Term
Statute
Definition
A law written by a legislative branch of government.
Term
Ordinance
Definition

A law or statute passed by city councils.

(Set speed limits, set age for work permits, right to return merchandise)

Term
Statutory Law
Definition
Term
Statutory Law
Definition
Also called Roman Law, a law that is written down so that everyone might know and inderstand it.
Term
Administrative Law
Definition

Law that spells out the authority, procedures, rules, and regulations to be followed by government agencies.

Ex. FDA, Social security administration

Term
Common Law
Definition
Law made by judges in the process of resolving individual cases. Originated in England.
Term
Equity
Definition
A system of rules by which disputes are resolved on the grounds of fairness. Opposite of common law.
Term
Equal Justice Under the Law
Definition
Goal of the American court system to treat all persons alike.
Term
Substance Due Process
Definition
Certain rights of individuls in the application of laws, some that are specified in the Constitution and some that aren't speified.
Term
Procedural Due Process
Definition
Principle that prohibits random enforcement of law and also provides safeguards to ensure that constitutional and statutory rights are proected by law enforcement.
Term
Adversary System
Definition
A judicial system in which opposing lawyers present their strongest cases (dont hold back).
Term
Presumed Innocence
Definition
The presumption that a person is innocent until proven guilty.
Term
Small Claims Court
Definition
Alternative to lengthy civil trials, deal with collecting small debts of usually $1,000-$5,000.
Term
Civil Law
Definition
Rules overning disputes amount two or more individuals or between individuals and the government.
Term
Contract
Definition
A set of voluntary promises, enforcable by law, between two or more parties.
Term
Expressed Contract
Definition
A contract in which the terms are specifically stated, usually in writting.
Term
Implied Contract
Definition
A contract in which the terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances.
Term
Real Property
Definition
Land and whatever is attatched or growing on it.
Term
Personal Property
Definition
Movable belongings such as clothes, jewlery, as well as intangible items like stocks, bonds, copyrights, and patents.
Term
Mortgage
Definition
A loan taken out to pay for a house.
Term
Tort
Definition
A wrongful act, other than breach of contract, for which an injured party has the righ to sue.
Term
Plaintiff
Definition
The person who brings charges in court.
Term
Defendant
Definition
The person who against whom a civil or criminal suit is brought in court.
Term
Injunction
Definition

An order that will stop a particular action or enforce a rule or regulation.

Term
Complaint
Definition
A legal document filled with the court that has jurisdiction over the problem.
Term
Summons
Definition
An official notice of a lawsuit that includes the date, time, and place of the initial court.
Term
Answer
Definition

 

A formal reponse by the defendant to the charges in a complaint.

Term
Discovery
Definition
Preocess when bothe sides prepare for a trial by gathering evidence to support their case.
Term
Mediation
Definition
A process in which each side is given the opportunity to explain its side of the dispute and must listen to the other side.
Term
Affidavit
Definition
A written statement to prove statements of fact signed by a witness under oath.
Term
Steps in a Civil Case
Definition

1. Plaintiff hires a lawyer (works for contingency(1/5 or 1/2 of settlement) or for hourly fee)

2. Plaintiff sets forth charges is a complaint, defendent gets summons, must file an answer within amount of time or plaintiff wins by default.

3. Discovery

4. 90% of civil lawsuits are settle before a trial through mediation, settlement, or pretrial conference.

5. Trial occurs, often takes a long time, judge or a jury of 6-12 people hears case & decides verdict.

6. Plaintiff recieves award, if defendent refuses to pay can get court order to take $ out of their paycheck or selling therir stuff.

Term
Subpoena
Definition
To decide someones punishment in the court system.
Term
Litigation
Definition
Bringing a lawsuit through the court system.
Term
Criminal Law
Definition
Rules governing crimes and their punishment.
Term
Criminal Justice System
Definition
System of state and federal courts, police, and prisons that enforce criminal law.
Term
Petty Offense
Definition
A minor crime, usually punished by a ticket rather than an arrest.
Term
Felony
Definition
A major crime.
Term
Misdemeanor
Definition
A minor crime that is usually punished by a fine or jail sentence of less than 1 year.
Term
Arrest Warrant
Definition
An order signed by a judge naming the individual to be arrested for a specific crime.
Term
Grand Jury
Definition
A group that ears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial.
Term
Indictment
Definition
A formal charge by a grand jury.
Term
Information
Definition
A sworn statement by the prosecution that there is sufficient evidence for a trial.
Term
Plea Bargaining
Definition
The process in which a defendent pleads guilty to a lesser crime than the one with which the defendent was originally charger.
Term
Jury
Definition
A group of citizens that hears evidence during a trial and fives a verdict.
Term
Verdict
Definition
Decision
Term
Hung Jury
Definition
A jury that is unable to reach a decision.
Term
Sentence
Definition
The punishment to be imposed on an offernder after a guilty verdict.
Term
Writ of Habeas Corpus
Definition
Court order to decide if a jailed person has been legally detained.
Term
Steps in a Criminal Case
Definition

1. Police investigate and get an arrest warrent to arrest and book suspect.

2. Within 24 hours suspect is brought before judge to be formally charged & charges and rights are explained.

3. Grand Jury decides if there's enough evidence to go to trial.

4. Pplice and defense lawyer may mke an agreement to plea bargain.

5. Judge makes formal charges in front of open courtroom. Defendant pleas guilty, not guilty, not guilty by reason of insanity, or no contest.

6. Trial takes place by jury or by a judge.

7. Jury decides verdict. Need a unanimos vote and must be beond a reasonable doubt.

8. For innocent verdict, defendant is immediately relased. If guilty, judge decides punishment from maximum to minimum penalties.

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