Our Legal System

halopez
Mind Map by halopez, updated more than 1 year ago
halopez
Created by halopez over 5 years ago
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Ch. 15 & 16

Resource summary

Our Legal System
  1. criminal law
    1. Misdemeanors
      1. less serious crimes that are punishable with less than 1 year in prison
        1. Examples
          1. larceny(shoplifting)
            1. the unlawful taking away of another person's property with the intent never to return it
            2. lawsuit
              1. when a civil case goes to court
                1. a legal action whereby a person or group sues to collect damages for some harm that is done
            3. felonies
              1. examples
                1. robbery
                  1. homoicide aka murder
                    1. burglary aka breaking & entering
                      1. the unlawful entry into any dwelling or structure with the intention to commit a crime
                    2. the taking of property from a person's possession by using threats
                2. District Courts
                  1. Superior Court
                    1. NC Court of Appeals
                      1. NC Supreme Court
                        1. 1 Chief Justice + 6 = 7 Total
                          1. They are elected and served for 8 years
                  2. Penalties
                    1. Jail or prison
                      1. Fines
                        1. Probation
                          1. Restitution
                            1. When a crime involves damage to property. Restitution pays the property owner for the damage caused.
                              1. death penalty
                                1. often happens with a serious crime.
                              2. When a court orders you to serve probation and sentences from mischief cases .
                              3. First-time offenders are often sentenced to pay a crime.
                              4. If you commit criminal mischief, you may be sentenced to jail or prison.
                            2. steps in a criminal case
                              1. police investigation
                                1. Arrest
                                  1. Booking
                                    1. Preliminary Hearing
                                      1. Arraignment
                                        1. Trial
                                          1. Verdict
                                            1. Sentence
                            3. Civil law
                              1. cases that involve a plaintiff suing another person for damages and movie
                                1. Plaintiff- the person filing the lawsuit
                                  1. defendant the person being sued
                                  2. Tort is a fancy name for civil law
                                    1. civil wrongs
                                      1. a person may suffer an injury and claim that another party is responsible because of negligence
                                      2. family law
                                        1. cases involve divorce, child custody, adoption, alimony, child support, and spousal and child abuse
                                        2. Individuals believe they have lost something of value
                                        3. Constitutional Law
                                          1. cases including the constitution
                                            1. Gideon vs. Wainwright
                                              1. Established right to a lawyer for everyone
                                                1. 6th Amendment
                                                  1. guarantees right to a lawyer, trial by jury, speedy, public trial
                                            2. Court of Appeals
                                              1. US Supreme Court
                                                1. Mapp v. Ohio
                                                  1. Mapp was convicted of possessing materials after an illegal police search of her home.
                                                    1. Violation of the 4th Amendment
                                                      1. 4th Amendment protects against "unreasonable searches and seizures"
                                                    2. search warrant enters her house unexpectedly
                                                    3. Furman vs. Georgia (1972) suspended the use of the death penalty. The Supreme Court ruled the way the death penalty was being used was "arbitrarily", "freakish". The ban on the death penalty would last 4 years.
                                                      1. Gregg vs. Georgia (1976) reinstated the death penalty; in penalty case into phases 1) trial 2) sentencing
                                                        1. Gideon vs. Wainwright
                                                          1. charged of breaking and entering and stealing money from the vending machines. He lacked a defense attorney because the court wouldn't allow him to have one.
                                                            1. Rules the 6th Amendment
                                                              1. Requires states to provide defense attorneys.
                                                      2. exclusionary law
                                                        1. holds evidence collected in violation of the defendants constitutional rights
                                                      3. Administrative Law
                                                        1. refers to the rules and regulations that the executive branch must make to carry out its job
                                                          1. includes an individual charging a government agency with wrongdoing
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