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133 Cards in this Set

  • Front
  • Back
Constitition
a system of basic laws that establish the nature of a government.
law
a body of rules established to support a society's norms.
Mayflower compact
Signed Novemeber 11, 1620, by the 41 passengers aboard the Mayflower. This is considered the first formal doc. by the pilgrims establishing self-determining govern. upon arrival in the area of New England.
Pluralism
a society in which distinct ethnic, religious or cultural groups coexist.
Charters
buisnesslike agreements to establish a cooperative government.
Compacts
documents with a religious purpose in establishing how a community governs itself.
Stamp act
1765
required stamps to be purchased for legal documents and commodities
Quartering Act
1765
required colonist to shelter and feed British troops
Loyalist
a colonist who paid allegiance to the British monarchy.
Patriot
a colonist who paid allegiance to America.
minutemen
colonial soldiers
Constitutionalism
a belief in a government in which power is distributed by a system of laws.
Great Compromise
each state given an equal vote in the senate and a proportionate vote in the house
supremacy clause
constitutional doctrine that federal law will reign when there is conflicting law.
ratify
approve a constitutional amendment
Federalist
colonist who favored a strong federal government
Anti-federalist
colonist who opposed a strong federal government
amendments
changes to a consitution or bylaws.
consensus theory
holds that individuals in society agree on basic values
social contract
philosophy of social solidarity proposed by Montesquieu whereby, free individuals give up portion of their freedom to benefit the good of the group.
conflict theory
holds that laws are established to keep the dominant class in power.
promulgate
to make law through a legal process
common law
early english judge made law based on customs and tradition
case law
common law approach based on previous cases
stare decisis
latin for "to stand by decided matters." Rely on prior cases to determine future cases
jurisdiction
Who makes the laws?
authority of legislative bodies, courts and laws on federal, state and local levels.
statutory law
law set forth by legislatures or governing bodies
codified law
law set forth in organized structured codes
ordinances
laws or codes established at the local level.
penal codes
criminal codes or laws
substantive law
establishes rules and regulations.
procedural law
how the law is to be enforced
original jurisdiction
courts authorized to hear case first.
general jurisdiction
courts that hear a wide range of cases
exclusive jurisdiction
court that hear specific cases
concurrent jurisdiction
two or more courts authorized to hear a case
Venue
geographical area in which a case comes to trial and a jury is selected.
petition for certiorari
requested that a supreme ct review a lower court decision
adversarial judicial system
places one party against another solve a legal issue
standing
having a actual interst in the matter of dispute
amicus briefs
documents submitted by an individual or organization not as one of the adversaries but as an intereted "friend of the court."
mootness
issues that gave rise to a case have been resolved
ripeness doctrine
invoked when a case comes to court too soon.
status offenses
offenses deemed to be illegal when committed by juveniles because of their age, which are not unlawful for adults, such as smoking, drinking and curfew
orginal jurisdiction
courts authorized to hear cases first
judicial review
power of a court to analyze lower court decision
Certiorari
latin for to be informed.
judicial review
power of a court to analyze lower court decision
liberal
decisions that are pro-person accused or convicted of a crime, pro-civil liberties or civil rights claimants, pro-indigents, pro-Native American and anti-government
Certiorari
latin for to be informed.
conservatives
decisions that favor the governments interest in prosecuting and punishing offenders over recognition or expanision of right for individual
liberal
decisions that are pro-person accused or convicted of a crime, pro-civil liberties or civil rights claimants, pro-indigents, pro-Native American and anti-government
sittings
periods when the Supreme court hears case
conservatives
decisions that favor the governments interest in prosecuting and punishing offenders over recognition or expanision of right for individual
recesses
periods when the supreme court considers administrative
judicial review
power of a court to analyze lower court decision
sittings
periods when the Supreme court hears case
recesses
periods when the supreme court considers administrative
Certiorari
latin for to be informed.
liberal
decisions that are pro-person accused or convicted of a crime, pro-civil liberties or civil rights claimants, pro-indigents, pro-Native American and anti-government
conservatives
decisions that favor the governments interest in prosecuting and punishing offenders over recognition or expanision of right for individual
sittings
periods when the Supreme court hears case
recesses
periods when the supreme court considers administrative
judicial review
power of a court to analyze lower court decision
Certiorari
latin for to be informed.
liberal
decisions that are pro-person accused or convicted of a crime, pro-civil liberties or civil rights claimants, pro-indigents, pro-Native American and anti-government
conservatives
decisions that favor the governments interest in prosecuting and punishing offenders over recognition or expanision of right for individual
sittings
periods when the Supreme court hears case
recesses
periods when the supreme court considers administrative matters and writes opinions
Opinion
a written statement by a judge
concurring opinion
agreeing with the majority
dissenting opinion
disagreeing with the majority
strict construction
a rigid interpretation of the law
13th Amendment
ratified in 1865, abolish slavery
14th Amendment
ratified in 1868, granted citizenship to all persons born or naturalized in the United States.
Equal protection of the law
government must give the same legal protection to all people
prejudice
a negative attitude regarding a person, group or thing
discrimination
action based on prejudice
Jim Crow laws
laws that strictly segregated blacks from whites
affirmative action
programs created to spread equal opportunity
reverse discrimination
giving prederntial treatment in hiring and promotion to women and minorities to the detriment of white males
American Dream
a belief that through hard work anyone can have success
racial profiling
using racial characteristics as indicators of criminal activity
rights
a legally protected claim
privilege
a claim that is not legally protected
contextual discrimination
describes a situation in which racial minorities are treated more harshly at some points and in some places in the criminal justice system but no different than whites at other points and in other places
incorporation doctrine
provision of the Bill of Rights applied to the states
selective incorporation
provisons of the bill of rights applied to the states
Establishment clause
First amendment clause prohibiting the creation of a national church
Free exercise clause
First amendment clause that allows the exercise of religion
judicial activism
judges interpret the Consitution and its amendments
"Clear and present danger" test
a test of whether dangerous words should be protected by the First Amendment
"Clear and probable danger" test
a test of whether the gravity of evil justifies the invasion of free speech
"Imminent lawless action" test
a three part test to determine whether certain communication is not protected by the First Amendment
Balencing test
appellate courts balence societys needs against individual privacy rights
Preferred freedoms approach
civil liberties take precedence over other constitutional values
prior restraint
restrcition on publishing certain materials
rational basis test
the standard for analyzing constitutional claims by prisoners
militia
armed group of citizens who defend their community in an emergency
nonincorporated amendment
an amendment not made applicable to the states
demurrer
requesting that a suit be dismissed because facts do not sustain the claims
dictum
the courts side opinion
prohibited persons
individual to whom it is forbidden to sell firearms
Reasonable
sensible, rational, justifiable
Conventional 4th amendment approach
all reasonable searches require a warrent
reasonable 4 amendment approach
the reasonable clause and the warrant clause are interpreted as seperate issues
brightline approach
determining reasonableness of an action according to a specific rule
case by case method
determining reasonableness of an action according to circumstances in each case
reasonable expectation of privacy
the consitution does not provide an absolute right to be free from governement intrustion
probable cause
stronger than reasonable suspicion possessing facts or observation that makes it reasonable to believe a crime is being or had been committed
totality of circumstances
all relevant facts in a case
observational probable cause
derived from officers senses and experiences
furtuve conduct
questionable, suspicious or secretive behavior
informational probable cause
establishing through official or unofficial sources
magistrate
judge
no knock warrent
issued when officer want to make an unannounced entrances
Nightcapped warrant
issues when officers wish to execute a warrant at night
continuum of contacts
variation of contracts between the public and police
Establishment clause
First amendment clause prohibiting the creation of a national church
Free exercise clause
First amendment clause that allows the exercise of religion
judicial activism
judges interpret the Consitution and its amendments
"Clear and present danger" test
a test of whether dangerous words should be protected by the First Amendment
"Clear and probable danger" test
a test of whether the gravity of evil justifies the invasion of free speech
"Imminent lawless action" test
a three part test to determine whether certain communication is not protected by the First Amendment
Balencing test
appellate courts balence societys needs against individual privacy rights
Preferred freedoms approach
civil liberties take precedence over other constitutional values
prior restraint
restrcition on publishing certain materials
rational basis test
the standard for analyzing constitutional claims by prisoners
militia
armed group of citizens who defend their community in an emergency
nonincorporated amendment
an amendment not made applicable to the states
demurrer
requesting that a suit be dismissed because facts do not sustain the claims
dictum
the courts side opinion
prohibited persons
individual to whom it is forbidden to sell firearms