Law and Society (semester 1 FINAL)

Freedom of Religion, Speech, Press, Assembly, and Petition

Right to bear arms

The government may not house soldiers in private homes without consent of the owner

Protects against unreasonable search and seizure

no self-incrimination (right to remain silent)

right to a lawyer, an impartial jury, and a speedy trial - due process of the law - fair procedures

Right to a jury trial in civil cases

No cruel and unusual punishment

the right to more rights than are written in the constitution

powers not reserved to the federal government falls to the people and states

equal protection of the law for all citizens

the power to review the constitutionality of acts of Congress and to invalidate those that it determines to be unconstitutional

Seperation of powers and a set of checks and balances within the branches

an assembly of people with the authority to make laws for a political unity

a written law passed by a legislative body

the territory or sphere of activity over which the legal authority of a court or other institution extends

a law enacted by congress

a law enacted by the legislative branch

a political and administrative division of a state

(of a city, company, university, or other body) founded or having its rights and privileges established

The breaking and entering of a dwelling house of another at night with the intent to commit a felony therein

a system of government by one person with absolute power (totalitarian, dictatorship, etc)

form of government in which a few people have the power

A political system in which the supreme power lies in a body of citizens who can elect people to represent them

a form of government with a monarch at the head (king, queen)

Belief that a rulers authority comes directly from god.

A King or Queen is the official head of state but power is limited by a constitution.

A form of government in which citizens rule directly and not through representatives

A form of government in which citizens choose their leaders by voting

benefits the majority of people

no one branch has more power than another

A legal contract in which they agreed to have fair laws to protect the general good

Puritan leader who became the first governor of the Massachusetts Bay Colony

first written constitution in the English colonies

a group of Native American nations in eastern North America joined together under one general government

Willingness on the part of citizens to sacrifice personal self-interest for the public good. Deemed a necessary component of a successful republic.

Someone bombed a federal building and was convicted of the crime having killed 168 people. 3,000 documents were not given to the defense. A retrial was granted, but the defense turned it down.

a law was made for no vehicles allowed in the park, but it did not specify as to the circumstances of "vehicles" such as wheelchairs, bicycles, scooters, golf carts, etc

-3 shipwrecked sailors: Dudley (navigator), Stephens (doctor, only 30 days to live), and Brooks

This case establishes the Supreme Court's power of Judicial Review

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

United States slave who sued for liberty after living in a non-slave state

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

a 1896 Supreme Court decision which legalized state ordered segregation so long as the different facilities were equal to each other

States obligated to recognize same-sex marriage from other states.

U.S. Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school

The Supreme court ruled that the law that "gave police the power to ask for the ID if there was reasonable suspicion that a law had been violated", was too vague, and needed to be changed. based off the case of a man refusing to present ID after constantly walking around

officiated his son’s same-sex wedding - important gay equality case

overturned Betts v Brady - Gideon was denied a court appointed attorney, this case set precedent as insuring the 6th amendment

Nixon was impeached by the Senate for having lied to the Grand Jury, he then argued that this was unconstitutional but the fact that in the constitution it is stated that all impeachment trials are up to the Senate to deal - unanimously voted in favor of the US

The power of the courts to declare laws unconstitutional - they can review something even with existing precedent (Marbury v Madison)

A group of people who have the power to make laws

limitations or restrictions on the activities of a business or individual

a legal norm established in court cases that is then applied to future cases dealing with the same legal questions

A proposed law is called a "bill "

civil law, federal criminal law, constitution, state laws, and local laws

People v People

People v Society

State courts have jurisdiction in cases that do not fall exclusively within the jurisdiction of the federal courts.

Jurisdiction given to federal courts in cases that are more serious to the safety of the country, laws broken on the federal level

the highest federal court in the United States

decide on a case after deciding to hear it and then vote and hear more and then decide after if they'll take it or not

part of the judicial branch

nominated by the President and then majority voted in by the Senate

implementing solutions and curing ills more rapidly, rather than waiting for it to naturally happen

a document constituting a fundamental guarantee of rights and privileges (holds monarchs accountable/ they are not above the law)

a major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing.

document that gave England a government based on a system of laws and a freely elected parliament

shift of ideals at the beginning

An agreement between the people and their government signifying their consent to be governed

People are the source of any and all governmental power

when sacrifices are made to benefit the whole

a third party expert

The President has the right to keep secret their own thoughts from the public to protect their freedom of thought

right of individual to have discussions with his/her attorney kept private and confidential

a guide/example to the current proceedings that are similar which will, in turn, connect the outcomes

an application to a higher court for a decision to be reversed

a mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

The condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.

taking a life with premeditation, deliberation and malice; 25-life in prison

voluntarily taking a life without premeditation; 15-life in prison

voluntarily taking another person’s life without premeditation and with “mitigating circumstances”; 2.4, or 6 years in state prison

(an exception to murder) Taking another person’s life through reckless behavior or action (not involving a car); 2, 3, or 4 years in state prison

due to reckless behavior

killing while committing a felony, usually considered 1st degree

paying for sex

The defendant will say that they are guilty for a lesser sentence - sometimes they also may have to give evidence or testify as part of the plea deal

a group of people who vote not on the guilt of the accused, but if the evidence is sufficient to bring charges against them - prosecutor brings evidence, the grand jury then decides if it’s sufficient

The idea of law

New laws cannot apply to people who did something before that law was passed

Asking whether a detention of someone is legal and allowed

A state must respect all legal rights of all parties and citizens

A written order to bring someone into court to testify

willful and malicious burning of a person's property

malicious mischief, willful destruction of, or damage to, the property of another

unlawful and maliciously depriving another person (or rendering useless) a part of their body

offering to someone as a genuine document known to be fake

an agreement between two or more persons (including some positive steps) to commit a crime