EACH ______ HAS ITS OWN COURT SYSTEM BUT THEY ARE GENERALLY THE SAME PATTERN
What is the state court system?
A police officer always needs a warrant to make an arrest
False
Making false statements about someone is called
defamation
Unruly vs Neglected vs Delinquent child
DELINQUENT CHILD: MINOR WHO HAS COMMITTED AN ADULT CRIME (ARSON, MURDER, DRUGS ETC)
UNRULY CHILD: A MINOR THAT HAS DONE SOMETHING INAPPROPRIATE BUT IS NOT CONSIDERED AN ADULT CRIME (SKIPPING SCHOOL, USING TOBACCO, VIOLATING CURFEW)
NEGLECTED OR ABUSED CHILD : ONE WHO IS HOMELESS, DESTITUTE OR WITHOUT PARENTAL CARE. THIS CHILD MAY BECOME A WARD OF THE STATE
A contract that has no legal effect is called
Void
The goal of the juvenile court system
Rehabilitate the offender
The two elements that define a crime
1. Criminal Act
2. The required state of mind
Explain Crime vs Tort
Crime is an offense against society/the public good
Tort is an offense against an individual
A cheaper and faster alternative to the court room
Alternative Dispute Resolution
A false statement that induces someone to enter into a contract
Concealment
Federal courts have jurisdiction over cases of admiralty, or cases involving the
sea
When a killing takes place during a felony it is considered
murder
People who are engaged in extremely dangerous activities may be held liable even without negligence or malice; this is known as the doctrine of
Strict Liability
In a criminal proceding, the government is referred to as the
Plaintiff
An extremely one-sides contract is called
unconscionability
The 4 examples of ADR
Mediation- 2 parties agree to have a mediator HELP them come to a compromise. Court can order this, or parties can choose this
Arbitration- Arbitrators settle the dispute for the parties. Decision is final and enforceable
Conciliation- Like arbitration and mediation, except the parties are kept from each other. Conciliator goes between the parties to compromise. Takes more time, but avoids arguments.
Negotiation- Each party appoints a negotiator for them. One step away from a lawsuit
If a law enforcement officer induces a law-abiding citizen to commit a crime, the accused may claim
Entrapment
Negligence of each party is compared, and the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.
Contributorily Negligence: when plaintiff’s own negligence was a partial cause of the injury.
If the plaintiff was contributorily negligent, they could not collect for damages
Comparative Negligence: when a plaintiff is partially at fault.
Plaintiff can be awarded damages, but they are reduced in proportion to how much they were at fault.
When the accused is read the information and asked to plead guilty or not guilty.
Arraignment
An offer must be made with the intention of entering into a legal obligation for it to have
Capacity
General vs Appellate vs Original Jurisdiction
People must be informed of their constitutional rights when they are arrested and this is known as their
Miranda Rights (5th Amendment)
When plaintiff is aware of the danger but does something anyway. They can not collect damages.
Assumption of Risk
Role of the grand jury
To decide if a case needs to go to trial
6 Elements of a Valid Contract
1. Offer
2. Acceptance
3. Genuine Agreement
4. Consideration
5. Capacity
6. Legality