Finial Study Guide Legal

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Kelsey Bettencourt

5/11/11

Study guide for final

1. Jurisprudence- the study of law and philology

2. Criminal laws-regulate public conduct and set out duties owed to society

3. Felonies-is a term of more than one year in prison

4. Misdemeanors-the penalty is one year or less

5. Civil laws- regulates relations between individuals or groups of individuals

6. Civil action- is a law suit that can be brought by a person who feels wronged or injured by another person

7. Defendant – the person accused of committing the crime

8. Plaintiff-the person or company harmed – against the defendant

9. Prosecutor- is the district attorney

10. Beyond a reasonable doubt- if the jury has any reasonable doubt about the defendant’s guilt then must vote not to convict

11. Limited government- it limits government to powers provided to its people

12. Separation of powers- it breaks the government in to three branches

13. Statutes-written laws by legislators

14. Checks and balances- three branches of government are independent but each has the power to restrain the other branches

15. Veto-refuse to approve

16. Judicial review-enables the court to declare unenforceable any law passed by congress

17. Unconstitutional- conflicting with some provision of the constitution

18. Federalism-the division of power between the state and the federal government

19. Bill of rights- the first 10 amendment to the constitution

20. Statutes- Written laws enacted by legislators

21. Supremacy clause- the provision of article 5

22. Bills – a draft of an opposed laws being considered by a legislature

23. Legislative intent- a judge who interprets what the legislator

24. Public hearing- proceedings that are open to the public

25. Trials – a court proceeding

26. Appeals and Appellate court-higher courts that deicide a case

27. Precedent – a similar case in the future

28. Treaty – is an agreement or contract between countries

29. Advocacy- is the active support of a cause

30. Lobbying-is a way to influence the lawmaking process by convicting lawmaker to vote as you want them j to

31. Initiative- is a procedure that enables a specified number of voters to propose a law by petition

32. Referendum – occurs when a legislator act is referred to voters for final approval or rejection

33. Recall – elections which allow voters to remove elected officials from office

34. Negation- is the process by which people involved in the dispute discuss their problem and to try to reach a solution acceptable to all

35. Settlement-agreement before the case goes to trail

36. Arbitration-both parties to a dispute agree to have one or more personal listen to their argument and make a decision for them

37. Mediation-is another method of alternative dispute resolution

38. Ombudsperson- who investigate complaints and then help the parties reach some agreement

39. Trial court- listens to testimonies, considers evidence, and decide the facts in disputed situations

40. Parties – side to a case

41. Plaintiff – side that brings the legal action

42. Prosecutor - side bringing the criminal case

43. Defendant – the one that “committed the crime”

44. Adversarial system - the contrast between both sides is fair

45. Inquisitional system – the judge is active asking questions and gathering and presenting evidence

46. Voir dire – a questioning of the jury to make it a fair case

47. Removal for cause – if the lawyer finds the jurors to be un fair they can get them removed

48. Peremptory challenges – can have a juror removed without stating a cause

49. Appeals court – one party presents a case to the court asking for a trial

50. Error of law – when a judge make a mistake to the law is applicable in the case

51. Precedent – for...
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