Section 1
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precedent
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Last updated
6 years ago
Date created
Mar 1, 2020
Cards (51)
Section 1
(50 cards)
precedent
an example that may serve as a basis for imitation or later action
Civil cases (suits)
Court dispute under tort (civil) law between two or more parties.
Negligence
failure to take proper care in doing something
Petitioner
a person who makes a formal application to a court for a writ, judicial action in a suit, etc.
Probation
a sentence that the offender is allowed to serve under supervision in the community
Voluntary Manslaughter
The unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation.
Felony
a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.
Miranda warnings
Warnings that police must read to suspects prior to questioning that advises them of their rights.
voir dire
Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
Misdemeanor
(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct
double jeopardy
Being tried twice for the same crime
Assault
threat or attempt to injure
Murder
the unlawful premeditated killing of one human being by another.
jury
legal group of people sworn to make a decision in a legal case
subpoena
a court order requiring appearance and/or testimony
Battery
(n.) - an assault or an array of similar things intended for use together
exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
Rape
any form of sexual intercourse that takes place against a person's will
arrest warrant
an order signed by a judge naming the individual to be arrested for a specific crime
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Plaintiff
a person who brings a case against another in a court of law.
Appellant
The party who takes an appeal from one court to another.
Second degree murder
killing that is done with malice, but without premeditation or deliberation
affidavit
sworn written statement made before an authorized official
Superior court
court responsible for hearing civil and criminal trials, divorce cases, felony cases, and land titles.
Negligent homicide
causing death through criminally negligent behavior
plea bargaining
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
Rule of Law
principle that the law applies to everyone, even those who govern
Involuntary Manslaughter
unintentional killing as a result of extremely reckless conduct
Reasonable Suspicion
any information that points to illegal activity and may include rumor, tips, and anonymous telephone calls.
transcript
a written, printed, or typed copy of words that have been spoken at a trial
prosecutor
The state or federal government attorney in a criminal case.
appellate court
A court having jurisdiction to review cases and issues that were originally tried in lower courts.
trial court
the first court to hear a criminal or civil case
malice
the intention or desire to do evil; ill will. Harming someone with hate
arrest
cause to stop; bring into custody
Civil Law
A law that governs relationships between individuals and defines their legal rights. No criminal laws.
Defendant
an individual or group being sued or charged with a crime
Felony Murder
the killing of someone during the commission of certain felonies, regardless of intent to kill
Jurisdiction
(n.) an area of authority or control; the right to administer justice
Supreme Court
the highest federal court in the United States
Court of Appeals
A court with appellate jurisdiction that hears appeals from the decisions of lower courts.
premeditated murder
The killing of a person that was planned before hand
verdict
the decision of a jury
bench trial
trial without a jury
brief
A written statement by an attorney that summarizes a case and the laws and rulings that support it
crime
An act against the law
sexual assault
any sexual activity in which force or the threat of force is used
Habeas Corpus
An order to produce an arrested person before a judge.
beyond a reasonable doubt
The level of proof required to convict a person of a crime
Section 2
(1 card)