case law
law established based on the outcome of former court cases
civil law
law that deals with relationships between people (rather than relationships between people and the government)
code of Hammurabi
a written code of rules that guided the ancient society of Babylon; dates back to 1772 B.C.
common law
law based on customs and prior legal decisions; used in civil cases
constitutional law
law that focuses on interpreting the U.S. Constitution
criminal law
law that deals with crimes and the punishments for those crimes
juvenile law
law that deals with people who are under the age of 18
military law
laws that apply only to people in the military
administrative law/regulation
a rule that a government agency makes to enforce a law
statute
laws passed by Congress or a state legislature
precedent
a rulings from earlier in similar cases that is used as a basis for new cases
writ of habeas corpus
court order that requires police to bring a prisoner before a judge and decide if they were lawfully imprisoned.
bill of attainder
a law that punishes a person accused of a crime without trial or a fair hearing.
ex post facto law
a law that punishes a person to be punished for an action that was not against the law when it was committed. "after the fact"
due process
legal process
search warrant
a court order to search seize evidence
exclusionary law
rule that states any evidence gained illegally may not be used in a trial and violates the 4th amendment
miranda warning
list of rights police must inform a person when arrested
double jeopardy
found in the 5th amendment, it states that you cannot be tried twice of the same crime if you were acquitted or found not guilty
14th amendment
requires equal justice of the law to all people and due process
5th amendment
rights to protect an accused person
4th amendment
protects against unreasonable search and seizures and must have probable cause for a search warrant
6th amendment
right to a speedy trial, right to have a lawyer, right to a jury, right to witnesses,
8th amendment
outlaws excessive bail and cruel and unusual punishments
contract
a set of promises between agreeing parties that is enforced by law
property law
rules/laws when buying and selling land or a building.
family law
laws applied to family, birth, adoption, marriage, divorce, death.
personal injury
laws that involve wrongful actions that cause injury to another person or damages to their property
torts
types of of personal injuries - intentional and/or negligent
plaintiff
person who files a lawsuit
defendant
the person being sued
summons
document that tells the defendant that he or she is being sued
prosecution
in a criminal case, the government is the plaintiff and start the legal process against the defendant
indictment
charged with a crime
arraignment
the accused pleads guilty or not guilty
plea bargain
the prosecution charges the defendant with a less serious crime in return for a guilty plea