Our Legal System

helmsstaci
Mind Map by helmsstaci, updated more than 1 year ago
helmsstaci
Created by helmsstaci almost 4 years ago
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Chapter 15 and 16 Vocabulary
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Our Legal System
1 Criminal Law
1.1 Misdemeanors
1.1.1 Examples
1.1.1.1 Larceny (shoplifting)
1.1.2 Less serious crimes that are punishable with less than 1 year in prison
1.2 Felonies
1.2.1 Examples
1.2.1.1 Homicide aka murder
1.2.1.2 Robbery
1.2.1.2.1 Burglary aka breaking & entering
1.3 District Law
1.3.1 US Federal Court System- courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes.
1.4 Police Investigation- the investigation of criminal activities by the police
1.4.1 Arrest- seize someone by legal authority and take into custody
1.4.1.1 Booking- a procedure at a jail or police station following an arrest in which information about the arrest is entered in the police register.
1.4.1.1.1 Preliminary Hearing- a hearing after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.
1.4.1.1.1.1 Arraignment- a criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty or not guilty.
1.4.1.1.1.1.1 Trial- a judicial examination and determination of facts and legal issues arising between parties to a civil or criminal action.
1.4.1.1.1.1.1.1 Verdict- the formal decision or finding made by a jury concerning the questions submitted to it during a trial.
1.4.1.1.1.1.1.1.1 Sentence- the punishment given to a person convicted of a crime.
1.5 North Carolina State Court SYstem
1.5.1 District COurts
1.5.1.1 Superior Court
1.5.1.1.1 NC Court of Appeals
1.5.1.1.1.1 NC Supreme Court
1.5.1.1.1.1.1 1 Chief Justice and 6 other justices= 7 total judges
2 Administrative Law
2.1 The body of law that governs the activities of administrative agencies of government.
3 Civil Law
3.1 Cases that involve a plaintiff suing another person for damages & money
3.1.1 Plaintiff- the person filing the lawsuit
3.1.2 Defendant- the person being sued
4 Constitutional Law
4.1 Cases over Constitutional Law
4.1.1 Gideon v. Wainwright
4.1.1.1 Established right to a lawyer for everyone
4.1.1.1.1 Sixth Amedment
4.1.1.1.1.1 Guarantees right to a lawyer, trial by jury, speedy, public trial
5 US Supreme Court
5.1 Mapp v. Ohio
5.1.1 it was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well as in federal criminal law prosecutions in federal courts as had previously been the law. The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which are applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is applicable to actions of the states.
5.2 Gideon v. Wainwright
5.2.1 the Supreme Court unanimously ruled that states are required under the Fourteenth Amendment to the U.S. Constitution to provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by ruling that this right imposed those requirements upon the states as well.
5.3 Miranda v. Arizona
5.3.1 the Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them.
5.4 Gregg v. Georgia
5.4.1 it changed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. Referred to by a leading scholar as the July 2 Cases[1] and elsewhere referred to by the lead case Gregg, the Supreme Court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the de facto moratorium on the death penalty imposed by the Court in its 1972 decision in Furman v. Georgia
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