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16 Cards in this Set
- Front
- Back
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Criminal Law |
Branch of law that regulates conduct of individuals, defines crime, and specifies punishments. Government is always plaintiff. Defendant cannot be forced to testify. |
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Civil Law |
Deals with disputes not criminal penalties. Plaintiff is party legally wronged. Penalties typically monetary. |
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Precedent |
Previous decisions from prior cases used to apply law to case. |
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Trial Court |
Apply law to facts of a given case. Judge and juries make sense of how facts and law apply to each other. |
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Appellate Court |
Examine whether law has been applied properly to case. New facts cannot be introduced. |
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Supreme Court |
Final interpretation over Constitution and statutory law. State can't run contrary. Appellate court (no new facts allowed.) |
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Nine Justices of Supreme Court Rules |
Runs on seniority basis. Each judge has equal say and one vote. If chief justice sides with majority opinion, assigns writing of opinion. If chief justice is with minority opinion, most senior judge in the majority does. |
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Judicial Review |
Power of courts to review, and it necessary declare actions of legislative and executive branches invalid or unconstitutional. Marbury vs. Madison (1803) |
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Civil Liberties |
protections from improper government action |
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substantive |
limits on what government can or cannot do |
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procedural |
rules regarding how government must act |
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14th Amendment |
addresses citizenship rights and equal protection of laws. 1868 |
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1st Amendment Establishment clause |
Freedom from state imposing any particular religion. Prevents an official church, wall of seperation |
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1st Amendment Free exercise clause |
Freedom to practice religion of choice without state interference. Canbelieve and practice religion of one’s choice–Canhold no religious beliefs without consequenceAslong as it does not harm others in the name of religion (or lack thereof), itis protected |
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Lemon test |
1.government involvement must have asecular purpose; 2.its effect is neither to advancenor to inhibit religion, and; 3.it does not entangle government andreligious institutions in each other’s affairs. |
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Expressive speech |
protected until it moves from thesymbolic realm to direct incitement of damaging conduct with the use ofso-called fighting words. Dennis vs United States 1951 |
