Civics Chapter 15 VOCABULARY

common law

law based on court decisions rather than on a legal code;
a legal system in which precedents are followed;
English legal system brought to North America by colonists

precedent

an earlier ruling on a similar case;
legal opinions that become part of the common law

statute

written law

plaintiff

the party that brings charges against an alleged criminal

defendent

the individual or group accused of a crime

felony

a serious crime, such as murder
it has serious consequences for the victim & the criminal

misdemeanor

a crime that holds less serious consequences than a felony

larceny

the unlawful taking away of another person's property with the intent never to return it

robbery

the taking of property from a person's possession by using force or threats

burglary

the unlawful entry into any dwelling or structure with the intention to commit a crime

lawsuit

the term for a civil case that has gone to court

tort

a wrongful act involving damage or injury; a civil wrong

libel

the printing of false and damaging information;
the crime with which John Peter Zenger was charged

constitutional law

the branch of the law dealing with the formation, construction, and interpretation of constitutions; decides the limits of the government's power and the rights of the individual

stare decisis

let the decision stand"
process in which rulings are used to build decisions about similar cases in the future

writ of habeus corpus

requires that an official who has arrested someone bring that person to court and explain why he or she is being held

bill of attainder

law that punishes an accused person without a trial or a fair hearing in court

ex post facto law

a law allowing punishment for an act that was not unlawful when it was committed

due process of law

requires the government to follow the law and treat all people equally;
government may not take our lives, liberty, or property except according to the proper exercise of the law

search warrant

a judge's authorization;
is obtained by providing probable cause

double jeopardy

a person who is tried for a crime and found not guilty may not be retried for the same crime again

grand jury

a group of 12-23 citizens who decide whether there is enough evidence to prove that a crime was comitted

plea bargaining

a way to avoid a trial
a negotiation between the defense attorney & the prosecutor, which is the government. The government offers the defendant a change to plead guilty to a less serious crime in exchange for a less serious penalty.

bail

sum paid to a court to win release from jail while awaiting trial