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Criminal Law
The branch of law dealing with crimes and their punishment
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felony
a serious offense punishable by a prison sentence of more then one year
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Misdemeanor
a criminal offense, less serious then a felony. Punishable by a prison sentence of 1 year or less.
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prosecutor
the state or federal governments attorney in a criminal case.
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beyond a reasonable doubt
the level of proof required to convict a person of a crime. no reasonable doubts they are guilty
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civil action
a noncriminal lawsuit, brought to enforce a right or redress a wrong.
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civil law
all law that does not involve criminal matters, such as tort and contract law. deals with private rights of others.
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plaintiff
in a civil case, the injured party who brings legal actions against the alleged wrongdoer
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defendant
the person who a claim is being made against. the person being sued or accused of a crime.
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preponderance of the evidence
usually the standard proof used in a civil suit, the burden of proof that a party must meet in order to win a lawsuit.
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statutes
written laws enacted by legislatures
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ordinances
a county or city law
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regulations
a rule made by a government agency
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supremacy clause
the provision in article 4 of the constitution stating that us laws and treaties must be followed even if a state and local law disagree with the constitution and these treaties
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trials
a court proceeding
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appeals
to take a case to a higher court for a rehearing
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appellate court
a court in which appeals from trial court decisions are heard
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precedent
court decision on a legal questions that guides future cases with similar questions
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legislative intent
what the law makers who passed a law wanted the law to mean. court will look over law if unclear
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treaty
a pact between nations, if entered into by the united states through its executive branch, the pact must be approved by two thirds of the senate present. under article 2 sec 2 of the constitution to be effective.
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limited government
a basic principle of our constitutional system. it limits government to powers provided to it by the people
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separation of powers
the division of power among the branch's of government .
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checks and balance
the power of each of the three branches of government to limit the other branches power, to prevent abuse
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judicial review
the process by which courts decide whether the laws passed by congress or state legislature are constitutional
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constitutional
the laws we put In our constition
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unconstitutional
conflicting with some provision of the constitution
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federalism
the division of power between the state and the federal government
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legislatures
help the people, come to our needs
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agencies
make the laws, different uints
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courts
where trails of all kinds are held
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