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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)
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