US GOVERNMENT VOCAB. DEMOCRACY IN ACTION— CHAPTER 15 THE LAW
THE AMERICAN LEGAL SYSTEM
HISTORY OF LAW Code of HammurabiA collection of laws assembled by Hammurabi, King of Babylonia. Justinian CodeThe final Roman legal code.
WHAT IS THE LAW? LawDefines the individual's rights and obligations and specifies the ways citizens and government relate to each other. "equal justice under the law" Refers to the goal of the American court system to treat all people alike.
… notice the balance scale, the sword, & the blindfold (& why is it a woman?)
RULES OF LAW PrecedentThe earlier ruling in previous cases. EquityA system of rules by which disputes are resolved on the grounds of fairness.
DUE PROCESS OF LAW Due ProcessFollowing established legal procedures. Substantive Due ProcessA kind of shorthand for certain rights, some that are specified in the Constitution and some that are not specified. Procedural Due Processprinciple that prohibits arbitrary enforcement of the law, and also provides safeguards to ensure that constitutional and statutory rights are protected by law enforcement.
… everyone is allowed their day in court
JUDGES & THE LAW The Adversary SystemThe trial system in the U.S. and its a contest between opposing sides who present arguments to a judge or jury who determine the truth. SentenceThe punishment to be imposed on the offender.
PAPERWORK PROCEDURES & THE LAW Injunctiona court order that forbids a defendant to take or continue a certain action. ComplaintA legal document filed with the court that has jurisdiction over the problem. AffadavitsWritten statements to verify to prove statements or facts. InformationA sworn statement by the prosecution asserting that there is enough evidence.
PROCEDURES OF THE LAW Presumed InnocenceThe idea that a person is innocent until proven guilty. AnswerThe formal response to the charges in complaint. DiscoveryPreparing for trial (both sides). MediationEach side is given the opportunity to explain its side of the dispute. IndictmentA formal criminal charge
*some indictments include a long list of charges, or a few, or just one
TYPES OF LAW Constitutional LawBranch of law dealing with formation, construction, and interpretation of constitutions. Statutory LawThe body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law). Administrative Lawthe body of rules and regulations and orders and decisions created by administrative agencies of government Common LawLaw made by judges in the process of resolving individual cases. Civil LawDisputes between two individuals or an individual and the government. Criminal LawThe government charges someone with a crime and is always the prosecution.
THE JURY SYSTEM & THE LAW Grand JuryA group of citizens that review the prosecution's allegations. JuryA group of citizens who hear evidence during a trial in order to decide guilt or evidence. VerdictDecision of jury. Hung JuryWhen the court cannot agree on a verdict.
It’s your right & duty to serve on a jury
CRIMES & THE LAW Criminal Justice SystemThe system that enforces the criminal law. Petty OffensesMinor crimes. MisdemeanorsSlightly serious crimes. FeloniesSerious Crimes. Arrest WarrantA warrant given by a judge to arrest someone.
CIVIL LAW (The Kind Where You Can Sue) ContractA binding agreement between two or more persons that is enforceable by law. Implied ContractTerms are not expressly stated but are inferred by actions and circumstances. Real PropertyLand and whatever is attached/growing on it. Personal PropertyMovable things and intangible items MortgageA loan to pay for a house. TortAny wrongful act other than a breach of contract for which the injured party can sue. SummonsNotice of where and when a lawsuit is.
PLAYERS – People w/in the System of Law PlaintiffThe person that brings charges. DefendantThe person that the case in against. Plea BargainingDefendant pleas guilty to a lesser crime.
--we live in a very litigious society (tending or likely to engage in lawsuits)
GOVERNMENT & THE LAW StatuteA law written by a legislative branch of government. OrdinancesStatutes passed by city counsels.
--AND ORDINANCES