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