Poli-Sci Mid-Term Exam

Burden of proof in a criminal case

Beyond a reasonable doubt

Burden of proof in a civil case

Preponderance of evidence (more likely than not)

Who files a criminal case

The government (prosecution)

Who files a civil case

An individual or entity (plaintiff)

Punishment in a criminal case

Jail time, fines, or probation

Punishment in a civil case

Financial compensation or payment

Rights of the accused in a criminal case

Miranda rights, legal representation

Rights of the accused in a civil case

No guaranteed legal representation

Who decides the verdict in a criminal case

Jury or judge

Who decides the verdict in a civil case

Judge (or jury in some cases)

What is the Constitution?

The supreme law of the United States, written by James Maddison.

What does the Bill of Rights do?

Protects individual freedoms and limits government power

What does the Establishment Clause do?

Prevents the government from establishing an official religion

Who said there should be a "wall of separation between Church and State"?

Thomas Jefferson

What does the Free Exercise Clause do?

Protects individuals' rights to practice their religion freely

Justice Hugo Black (1962)

Strongly supported separation of church and state

Justice Anthony Kennedy (1993)

Often ruled on free speech and religious freedom cases

Justice Oliver Wendell Holmes (1929)

Known for free speech decisions, including the "clear and present danger" test

Justice Abe Fortas (1969)

Wrote the majority opinion in Tinker v. Des Moines, defending student free speech

Prior restraint

Government action that prevents speech before it happens

Grand jury

A group that decides if there is enough evidence to indict someone

Precedent

A legal decision that influences future cases

Slander

Spoken false statements that harm someone's reputation

Libel

Written false statements that harm someone's reputation

Indictment

A formal charge by a grand jury

Preponderance of evidence

Standard of proof in civil cases (more than 50% likely)

All deliberate speed

The vague timeline set for desegregation after Brown v. Board of Education

Bench trial

A trial with no jury, where the judge decides the verdict

Bicameral

A two-house legislature (e.g., U.S. Congress)

False advertising

Misleading information in ads

Sovereignty

Supreme power or authority

Amicus curiae

"Friend of the court" brief filed by a third party to provide additional information

Obscene words

Language not protected under free speech (sexual innuendo)

Federal

A system where power is shared between national and state governments

Incorporation

The process of applying the Bill of Rights to the states

Hung jury

A jury that cannot reach a unanimous verdict

Plaintiff

The person who brings a case to court in a civil lawsuit

Beyond a reasonable doubt

The standard of proof in a criminal case

Misdemeanor

A minor crime, usually punished with fines or jail time under one year

Felony

A serious crime, usually punished with more than a year in prison

Symbolic speech

Actions that express opinions without words (e.g., flag burning)

Three-Fifths Compromise

A historical agreement that counted enslaved people as 3/5 of a person for representation purposes

"Separate but equal"

Doctrine established in Plessy v. Ferguson allowing segregation

Judicial review

The power of the Supreme Court to declare laws unconstitutional

Judicial restraint

Belied that judges and justices should not let their personal beliefs dictate the outcome of the case. (more conservative)

Judicial activism

belief that the courts have the power to make decisions based on the law and their political views. (more progressive)

Checks and balances

A system where each branch of government can limit the others' powers

Separation of powers

Dividing government power among legislative, executive, and judicial branches

Advise and consent

The Senate’s power to approve or reject presidential appointments and treaties

Texas v. Johnson (1989)

Flag burning is protected symbolic speech

Hazelwood v. Kuhlmeier (1988)

Schools can regulate student newspapers

Tinker v. Des Moines (1969)

Protected students’ rights to free speech (black armbands to protest the Vietnam War)

New York Times v. U.S. (1971)

Ruled that the government could not prevent newspapers from publishing the Pentagon Papers

Miller v. California (1973)

Defined obscenity and allowed local standards to determine what is obscene

Freedom of Religion

The right to practice any religion or no religion at all

Engel v. Vitale (1962)

Ruled that school-sponsored prayer in public schools violates the Establishment Clause (Religion)

Freedom of Speech

The right to express ideas and opinions without government restriction

Tinker v. Des Moines (1969)

Protected students’ right to wear black armbands in protest of the Vietnam War (Speech)

Freedom of the Press

The right of newspapers and media to publish information without government censorship

New York Times v. United States (1971)

Ruled that the government could not prevent the publication of the Pentagon Papers (Press)

Freedom of Assembly

The right to gather peacefully for protests, meetings, and demonstrations

De Jonge v. Oregon (1937)

Confirmed that states cannot prohibit peaceful assemblies (Assembly)

Freedom of Petition

The right to express grievances and request changes from the government

Edwards v. South Carolina (1963)

Ruled that students peacefully protesting segregation had the right to petition the government without arrest (Petition)

Non-sectarian

Not affiliated with or restricted to a particular religion (syn. Non-denominational)