Criminal Law
Regulates the conduct of individuals, defines crimes and specifies punishments for illegal acts
Plaintiff
the individual or organization that brings a complaint in court and alleges that a criminal violation has occurred
Defendant
the one against whom a complaint is brought in a criminal or civil case
Civil Law
Involving disputes among individual or between individuals and the government that do not involve criminal penalties
Contract Case
an individual or corporation charges that someone else violated a specific agreement between the two
Tort Case
one individual charges that he/ she has been injured due to negligence or malfeasance of another
Trial court
First court to hear a criminal or civil case; in front of a judge and sometimes a jury, who determine of the defendant violated the law
Court of appeals
A court that hears the appeals of trial court decisions and can vacate or uphold the decision
Supreme Court
Highest court of the land, state or US; Primarily serves as an appellate function
State courts
State trial courts are where the majority of cases begin; Most states have two stages of appellate courts
Plea Bargain
Negotiated agreement between two parties that are settles mostly before criminal and civil cases, but can also occur during trial
Jurisdiction
The sphere of a court's power and authority; Original: the authority to initially consider a case; Appellate: the authority to hear appeals from a lower court's decision
Writ of Habeas Corpus
A court order that the individual in custody can ask for that shows justification for their detention
Judicial Review
refers to the power of the judiciary to review and if necessary declare actions of the legislative and executive branches invalid or unconstitutional; Judicial review covers: Acts of Congress, Presidential actions, and State actions
Supremacy Clause
Article Vi of the Constitution Laws passed by the national government are the supreme law of the land
Writ of Certiorari
Granted when 4/9 supreme court justices agree to review a decision of a lower court
Opinion
written explanation by a judge that was a part of the majority as to why/ how they arrived at their conclusion (1 of the 5 who are not in favor)
Dissent
written by a judge that was in the minority for the case explaining their rationale (1 of the 4 who are in favor)
US Court System
The Supreme Court of the United States has original jurisdiction according to Article III of the Constitution when:Cases between the US and one of the states, Cases between two or more states, Cases involving foreign ambassadors or ministries, Cases broug
Due Process of Law
The right of every citizen against arbitrary action by national or state governments
Acts of Congress
Congress cannot pass laws that are contrary to the Constitution and it is the role of the judicial system to interpret what the Constitution permits
Presidential Actions
SCOTUS placed restrictions on the Presidents' power, specifically who could be declared an enemy combatant
State Actions: Supremacy Clause
Article Vi of the Constitution Laws passed by the national government are the supreme law of the land
Judicial Review Process
Preparation, Oral Arguments, Conferences, Opinion and Dissent Righting
Influences of SCOTUS
Political ideology and partisanship, Activism and restraint � interpretation of the Constitution; lobbying
Marbury v Madison
forms the basis for the exercises of judicial review; Congress cannot pass laws that are contrary to the Constitution and it is the role of the judicial system to interpret what the Constitution permits
Hamdi v Rumsfeld
American citizens are indeed entitled to a lawyer and fair opportunity to the rebut the governments' assertions against them regardless or status/ label; placed limitations on presidential power
Brown v Board of Education
SCOTUS overturned statutes in several states that required or permitted segregated public schools because it violated Black children's rights to equal protection under the law; courts look at state issues; has to desegregate and do it with deliberate spee
Civil Liberties
Individual rights and personal freedoms with which the government may not interfere; protections FROM the government
Civil Rights
Protections of citizen equality provided BY the government; Obligations imposed on the government to take positive action to protect citizens from any illegal actions by governmental agencies and by other private citizens; Didn't become a part of the Cons
Establishment Clause
the idea that no law that can establish a set religion prohibiting the free exercise of religion
Free Exercise Clause
protects citizens' rights to believe and practice any religion or no religion at all
Libel
written (newspapers, magazines, political cartoons, etc.)
Slander
said (televised review, etc.)
Obscenity and Pornography
I can't define it, but I know it when I see it"; Porn is allowed, whereas obscenities are not
Exclusionary Rule
evidence found without a proper search warrant must be excluded from a trial
Grand Jury
a jury that determines if there is sufficient evidence to justify a trial, do not determine guilt or innocence
Double Jeopardy
a protection to prevent a person from being tried more than once for the same crime
Voting Rights Act of 1964
24th amendment eliminated poll tax; VRA 1965 expands on these rights by prohibiting literacy tests and requiring bilingual ballots or translators; Voter ID laws: hindrance to voting or helping to prevent voter fraud
14th Amendment
protection under the law for all citizens; Civil Rights
Selective incorporation
the process by which different protections in the Bill of Rights were incorporated or applied to the states
Wall of separation
the separation in the First Amendment between church and state under the freedom of religion
Separate but Equal
Plessy v Ferguson started this, Brown v Board of Education reversed this
1st Amendment
freedom of religion, press, speech, assembly and petition, unless there is a clear and present danger
New York Times v Sullivan
untrue and had to result from "actual malice" or "reckless disregard" for the truth; in order to be a case for libel and/ or slander the statement has to prove untrue and had to result from "actual malice" or "reckless disregard" for the truth
Reno v ACLU
challenged the Communications Decency Act and cyberporn
2nd Amendment
the right of the people to keep and bear arms shall not be infringed
McDonald v Chicago
the court overturned laws that made it almost impossible to own a gun within the city limits of Chicago; The right of an individual to "keep and bear arms" as protected under the Second Amendment is incorporated by the Due Process Clause of the Fourteenth
3rd Amendment
no soldier shall, in time of peace be quartered
4th Amendment
Right against unreasonable search and seizures, and no warrants without probable clause
Mapp v Ohio
Evidence gathered in violation of the 4th amendment cannot be used in state or federal courts
5th Amendment
Rights to: a grand jury, against double jeopardy, against having to be a witness against yourself, deprived of life liberty and property
Miranda v Arizona
the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination; A person under arrest must be informed PRIOR to police interrogation of the
6th Amendment
right to a fair, speedy and public trial
Gideon v Wainwright
court ruled that there was a right to a counsel not just in serious crimes but in cases that do or do not have a jury - any case that has any possibility of imprisonment; States are required to provide counsel in criminal cases and represent defendants wh
7th Amendment
right to a jury during trial
8th Amendment
no excessive bail or cruel and unusual punishments; death penalty issues
9th Amendment
privacy from the government
Roe v Wade
court ruled 7:2 that a right to privacy under the Due Process clause of the 14th amendment extended to a woman's decision to have an abortion; The right to privacy extended to a woman's decision to have an abortion, but that this right must be balanced ag
10th Amendment
States' Rights and Federalism
13th Amendment
Abolished Slavery
15th Amendment
Voting Rights for Black men
Civil Rights Act of 1875
attempted to protect blacks from discrimination by owners for hotels, theaters, etc.; Struck down because the 14th amendment only protects violations from public officials
Civil Rights Act of 1964
designed to prohibit major forms of discrimination against racial, ethnic, national, religions and women minorities in: Voting registration, Schools - provided that the federal government could withhold grants if a school was not complying with integratio
24th Amendment
eliminated poll tax
Barron v Baltimore
The Bill of Rights applies to national and state governments
Plessy v Ferguson
upholds Louisiana law requiring segregation because there is separate accommodations for blacks and they provided the same service; SCOTUS says that separate but equal accommodations are allowed, therefore legalizing segregation
Self-Incrimination
no citizen is compelled to any criminal case to be a witness against themselves
arbitration
When a third party mediates the conflict between the two parties to avoid going to court