Our Legal System

Criminal Law
1. Misdemeanors
  1. less serious crimes that are punishable with less than 1 year in prison
  2. examples
    1. larceny(shoplifting)
2. Felonies
  1. examples
    1. homicide aka murder
    2. robbery
    3. Burglary aka breaking and entering
3. Steps in criminal cases
  1. 1)police investigation
    1. 2)Arrest
      1. 3)Booking
        4)Preliminary Hearing
        5)Arraignment
        6)Trial
        7)Verdict
        8)Sentencing
        defendant found guilty . Judge sentences defendant
        commute- to reduce a criminal's sentence
        decision made by the judge
        hung jury- cannot agree on a verdict
        Prosecution and defense present cases to jury
        Plea Bargaining- suspect pleas guilty to al lesser charge for a lighter sentence
        Defendant pleads guilty or not guilty
        Suspect appears before a judge. Bail is set
        bail- money paid to the court by an accused person to guarantee that he/she will appear in court for trial
      2. police arrest and book a suspect
  2. Exclusionary rule
    1. prohibits the use of illegally obtained evidence in a criminal trial
Civil Law
1. cases that involve a plaintiff suing another person for damages
  1. Plaintiff the person filing the lawsuit
    1. Lawsuit
      1. a legal action whereby a person or group sues to collect damages for some harm that is done
    2. steps in a civil court case
      1. Plaintiff's attorney files a complaint
        Court send a summons to defendant
        Defendant's attorney files a written answer
        Attorneys for both sides exchange pleadings documents
        Attorneys for plaintiff and defendant argue cases in court
        Court gives verdict
  2. Defendant is the person being sued
Constitutional Law
1. Administrative Law
  1. US Federal Court System
    1. District Courts
      1. Feral Courts
        US Court of Appeals
        US Supreme Court
        Concurring Opinion- votes with the majority but for different reasons
        Dissenting Opinion- disagrees with the majority's decision
        Majority Opinion-majority decision
        Supreme court justices- 9
  2. North Carolina State Court System
    1. District Courts
      1. Superior Courts
        Court of Appeals
        NC Supreme Court
        Docket- Court Calendar
2. cases over Constitutional Issues
  1. Gideon vs. Wainwright
    1. Established right to a lawyer for everyone
    2. sixth amendment
      1. guarantees right to a lawyer,
      2. Right to trial by jury
  2. Miranda v. Arizona
    1. Miranda Rights
      1. Examples
        right to remain silent
        have a lawyer present during police questioning
    2. Ernesto Miranda was not given his rights
  3. Mapp v. Ohio
    1. Protection from illegal search
      1. 4th amendment
  4. Gregg v. Georgia
    1. Capital Punishment aka death penalty
      1. examples
        death by firing squad
        death by electric chair
        death by lethal injections
    2. 8th amendment
      1. outlaws "cruel and unusual punishment
  5. Furman v. Georgia
    1. 1972
    2. suspended the use of the death penalty

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	Created by mcbyrd over 8 years ago