Our Legal System

Descripción

Chapter 15 & 16
Glorimar Cruz-Pa
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Resumen del Recurso

Our Legal System
  1. Criminal Law
    1. Misdemeanors
      1. Examples
        1. Larceny (shoplifting)
        2. Less serious crimes that are punishable with less than 1 year in prison.
        3. Felonies
          1. Examples
            1. Homicide aka murder.
              1. Robbery
                1. Burglary aka breaking & entering.
            2. Civil Law
              1. Cases that involve a Plaintiff suing another person for damages & money.
                1. Plaintiff is the person filing the lawsuit
                  1. Defendant is the person being sued.
                  2. Another name for Civil Law is Tort Law.
                  3. Constitutional Law
                    1. Cases over Constitutional Issues
                      1. Gideon v. Wainwright
                        1. Established right to a lawyer for everyone.
                          1. 6th Amendment
                            1. Gurantees right to a lawyer. Trial by Jury, speedy, and public trial.
                          2. Miranda v. Arizona
                            1. An accused person must be notified of his/her rights.
                              1. An accused person must be read their Miranda Rights.
                                1. Exclusionary Rule: Prevents the government from using most evidence gathered in violation of the United States Constitution
                                2. Mapp v. Ohio
                                  1. Protection from illegal search.
                                    1. Search Warrant is a legal document a police officer or other officials need to search a place.
                                  2. Gregg v. Georgia
                                    1. Declared the death penalty unconstitutional.
                                      1. Death penalty is the punishment of execution.
                                    2. Furman v. Georgia
                                      1. Suspended the use of the death penalty. The Supreme Court ruled the way the death penalty was being used was "arbitrarily," "freakish." The ban on the death penalt would last 4 years.
                                    3. Steps in Criminal Case.
                                      1. Arrest
                                        1. Preliminary Hearing
                                          1. Arraignment
                                            1. Trial
                                              1. Verdict
                                                1. Sentencing
                                                2. Defendant is a person on trial.
                                                3. Procedure in which accused is formally charged and enters plea.
                                              2. Police Investigation
                                                1. Booking: Recording of an arrested person's information and reason for arrest.
                                                  1. Bail is money paid to the court by an accused person to guarantee that he/she will appear in court for trial.
                                              3. Administrative Law
                                                1. U.S. District Courts
                                                  1. U.S. Courts of Appeals
                                                    1. U.S. Supreme Court
                                                      1. The highest judicial court in the country or state.
                                                      2. Cases may be presented here if they are not satisfied with the original court decision.
                                                      3. Hears cases that are general/low.
                                                      4. District Court
                                                        1. Superior Court
                                                          1. NC Court of Appeals
                                                            1. NC Supreme Court
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