Common Law
law based on court decisions rather
than on a legal code
Precedent
legal opinions that became part of the common law
Statues
acts of parliament expressed in writing
Plantiff
party that brings the charges against the accused.
Defendant
the individual or group accused of a crime
Felonies
Murder, rape, arson, robbery, and other serious
crimes are felonies because they have serious consequences for the victim and the criminal.
Misdemeanors
Misdemeanors are offenses such as vandalism or stealing inexpensive items. Typically, misdemeanors are punishable with a fine or a jail sentence of less than one year.
Larceny
unlawful taking away of another person's property with the intent never to return it
Robbery
taking of property from a person's possession by using force or threats
Burglary
unlawful entry into any dwelling or structure with the intention to commit a crime.
Lawsuit
when a civil case goes to court
Torts
civil wrongs
Libel
the printing of false and damaging information
Constitutional Law
applies to that branch of the law dealing with the formation, construction, and interpretation of constitutions
Stare Decisis
Latin for "let the decision stand
Writ of Habeas Corpus
A writ is a written
legal order; habeas corpus is a Latin phrase
that roughly means "you should have the
body." The writ of habeas corpus requires an
official who has arrested someone to bring
that person to court and explain why he or
she is being held.
Bill of Attainder
A bill
of attainder is a law that punishes a person
Constitutional Rights of the Accused
ARTICLE I, SECTION 9
� to be granted habeas corpus (released until
trial)
FIFTH AMENDMENT
� to have a grand jury hearing
� to be protected from double jeopardy
� to r
Ex Post Facto Laws
An ex post facto law is a law
that would allow a person to be punished for
an action that was not against the law when
it was committed.
Due Process of Law
Due process
means, in part, that government may not take
our lives, liberty, or property except accord-
ing to the proper exercise of law. The law
requires, for example, that accused people
have the opportunity for a trial by jury.
Search Warrant
judge's autho-
rization�specifying the exact place to be
searched and describing what objects may be seized
Double Jeopardy
This means that a person who is tried for
a crime and found not guilty may not be
placed in jeopardy�put at risk of criminal
penalty�a second time by being retried for
the same crime.
Grand Jury
A grand jury is a group of 12
to 23 citizens that hears evidence presented
by a prosecutor.
Plea Bargaining
negotiation between the
defense attorney and the prosecutor, who is
the government's attorney.
Bail
sum of money an arrested person pays to
a court to win release from jail while await-
ing trial.