What is it called when a decision is made because it will positively effect the majority of the people
what is the greatest good
In a civil case, the person suing is called the plaintiff. What is this person called in a criminal case?
what is prosecution?
In a criminal trial, the jurors decision must be _________________________.
unanimous
In order for defense to win a civil case, they must disprove how many elements to a tort?
At least 1
What are the 4 Elements to a Tort?
Duty
Breach
Injury
Causation
what are rules of conduct established by the gov to maintain stability and justice
what are laws
Goal of a criminal case is:
punishment
Group of citizens called together to determine whether or not a person must stand trial for committing a crime is the:
Grand Jury
Damages
what is the tort of conversion?
taking somone elses property w/o their permission
using someone's property in a manner that was not consented
The right to bear arms is afforded by which amendment?
second amendment
Difference between robbery and burglary?
Robbery- using threats or force to obtain valuables off a person
Burglary- Breaking into a dwelling or business w the intent to commit a crime
During an ongoing trial, an individual (witness) is called to court to help testify. They will be issued a _____________ by the court.
subpoena
Explain section 2-4 of an opening statement for plaintiff
2- Tell their side of the story
3- Explain what their witnesses will prove
4- Define the laws involved in the case
What is the difference between libel and slander?
Libel- written form of defamation
Slander- spoken form of defamation
What doctrine gives the government the right to take/restrict your fundamental rights to better protect society?
What is public policy
Explain the difference between voluntary and involuntary manslaughter
voluntary- intentionally taking someones life when one is in a state of great rage/distress
involuntary- taking someones life during a reckless act
What does charging the jury mean?
Judge explains the laws involved in the case
When do you ask open ended questions in a trial?
During a direct exam
Define negligence
Most common tort where by the defendant acted carelessly, thus directly injuring a party
An agency that makes, enforces, and punishes its laws
what is a regulatory agency
Explain due process rights
AND
Which amendment grants you this right
When indicted for a crime, you have an opportunity to be heard (trial)
5th
List 4 examples of a substantive defense
Self defense
Defense of a family member
Insanity
Entrapment
Immunity
In section #____ of the ____________________ statement, the attorney will present ALL the evidence from both the prosecution and defense witnesses.
3, closing
This doctrine holds a defendant responsible in a case, even though they did not intentionally hurt anyone, nor were they negligent in any way.
Strict Liability