Terms (Criminal)
An offense punishable by death
Capital Crime
The person bringing the litigation in a civil case
The process of selecting a jury "to tell the truth"
Voir Dire
Erie Doctrine
Missing type of major area of Civil Law: Contract, _____, Property (including wills), Domestic Relations, Others.
Torts
A when a defendant agrees to plead guilty to some or all of the charges they face in exchange for something from the prosecution
Plea Bargain
The entity bringing charges in a criminal case
Prosecutor
To let the decision stand
Stare Decisis
Method of selecting judges where they are originally appointed and then face a retention election
Missouri Plan
Extrajudicial perspective
An element of a crime that must be proven in all cases except for strict liability crimes.
Intent
The person who has a case brought against them
Defendant
A law cannot punish an action which took place before the law existed
Ex Post Facto
A judicial system which is inquisitorial in nature where the judge is in charge of determining what happen and can probe issues as they see fit instead of just those in dispute.
Civil law system
This individual was nominated to the Supreme Court but was not confirmed. At least in part based on the makeup of the Senate, his willingness to answer questions, his ideology, and past experiences.
Robert Bork
Missing purpose of criminal law: Deterrence, ________, rehabilitation, retribution/punishment.
incapacitation
The person who presides over a trial
Judge
The Guilty Mind
Mens Rea
A type of subject matter jurisdiction where the the plaintiff alleges its case is tied to the Constitution, a federal law, or treaty.
Federal Question
A remedy in a civil case where the judge requires the defendant (losing party) to stop doing something.
Injunction
A group of 12 people who are presented evidence by the prosecution and must determine if probable cause exists.
Grand Jury
The group of people who determine questions of fact in a trial (be specific).
Petit Jury
When the entire circuit rehears an appeal
en banc
The concept that you can predict the outcome of any case if the issue can be placed on a single ideological plane and determine who is the closest Justice to the issue.
In the context of Senatorial Courtesy, this is used to determine the home state Senator's opinion on a potential judicial nominee.
Blue Slip