Street Law Chapter 1 and 2

Human Rights

basic privileges a person has as a human being

reservations

a legal way of making a provision less enforceable than it might be otherwise

criminal law

The branch of law dealing with crimes and their punishment

felony

a serious criminal offense punishable by a prison sentence of more than one year

misdemeanor

a criminal offense, less serious than a felony, punishable by a prison sentence of one year or less

civil law

all law that does not involve criminal matters, such as tort and contract law. Civil law usually deals with private rights of individuals, groups, or businesses

civil action

a noncriminal lawsuit, brought to enforce a right or redress a wrong

defendant

the person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime

plaintiff

in a civil case, the injured party who brings legal action against the alleged wrongdoer

prosecutor

the state or federal government's attorney in a criminal case

beyond a reasonable doubt

The level of proof required to convict a person of a crime

preponderance of the evidence

Usually the standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit. To win, a party must provide evidence that is more convincing than the other side's evidence.

limited government

A basic principle of our constitutional system. It limits government to powers provided to it by the people.

Separation of Powers

the division of power among the legislative, executive, and judicial branches of government

statutes

written laws enacted by legislatures

Checks and Balances

the power of each of the three branches of government to limit the other branches power so as to prevent an abuse

veto

prohibit; in government, the veto is the power of the chief executive to prevent the enactment of a bill

judicial review

the process by which courts decide whether the laws passed by Congress or state legislatures are constitutional

Unconstitutional

conflicting with some provision of the constitution

federalism

the division of powers between the states and the federal government

bill of rights

The first ten amendments to the Constitution, which guarantee basic individual rights to all persons in the United States

ordinance

a county or city law

Supremacy Clause

the provision in Article VI of the Constitution stating that in the event of conflict between state and federal law, the federal law must be applied

bill

a proposed law being considered by a legislature

legislative intent

what the lawmakers who passed a law wanted the law to mean. if the language of a statute is unclear, judges will often look at the legislative intent to help them interpret the law

public hearings

Proceedings that are open to the public. During these proceedings, evidence is considered, and then a decision is reached based on this evidence

trial

a court proceeding

appeals court

a court in which appeals from trial court decisions are heard

precedent

court decisions on a legal question that guides decisions in future cases presenting similar questions

treaty

a pact between nations; if entered into by the US through its executive branch, the pact must be approved by 2/3rds of the senators present, under article II, Section2 of the Constitution to become effective

extradition

the legal process in which one country or state asks another to surrender a suspected or convicted criminal