Our Legal System

Our Legal System

1. Criminal Law

   • Misdemeanors
     • less serious crimes that are punishable with less than 1 year in prison
     • examples
       • larceny(shoplifting)
   • Felonies
     • examples
       • homicide aka murder
       • robbery
       • Burglary aka breaking and entering
   • Steps in criminal cases
     • 1)police investigation
       • 2)Arrest
         • 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
         • police arrest and book a suspect
     • Exclusionary rule
       • prohibits the use of illegally obtained evidence in a criminal trial

2. Civil Law

   • cases that involve a plaintiff suing another person for damages
     • Plaintiff the person filing the lawsuit
       • Lawsuit
         • a legal action whereby a person or group sues to collect damages for some harm that is done
       • steps in a civil court case
         • 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
     • Defendant is the person being sued

3. Constitutional Law

   • Administrative Law
     • US Federal Court System
       • District Courts
         • 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
     • North Carolina State Court System
       • District Courts
         • Superior Courts
           • Court of Appeals
             • NC Supreme Court
               • Docket- Court Calendar
   • cases over Constitutional Issues
     • Gideon vs. Wainwright
       • Established right to a lawyer for everyone
       • sixth amendment
         • guarantees right to a lawyer,
         • Right to trial by jury
     • Miranda v. Arizona
       • Miranda Rights
         • Examples
           • right to remain silent
           • have a lawyer present during police questioning
       • Ernesto Miranda was not given his rights
     • Mapp v. Ohio
       • Protection from illegal search
         • 4th amendment
     • Gregg v. Georgia
       • Capital Punishment aka death penalty
         • examples
           • death by firing squad
           • death by electric chair
           • death by lethal injections
       • 8th amendment
         • outlaws "cruel and unusual punishment
     • Furman v. Georgia
       • 1972
       • suspended the use of the death penalty

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