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Flashcards summarizing key terms and concepts from the Essentials of Legal Services Mid-Term Exam Study Guide.
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Article III of the Constitution
The section of the U.S. Constitution that establishes the Judicial Branch, including the Supreme Court.
Federal Court System
US Supreme Court, US Court of Appeals, US District court
Prosecution
The legal party responsible for presenting the case against an individual accused of a crime. Represents the government.
Defense
The legal party representing the accused individual, aiming to prove their innocence.
Freedom of Speech
The right to express one's opinions without censorship or restraint.
Freedom of Religion
The right to practice any religion or no religion at all without government interference.
Exceptions to Free Speech
Limitations on free speech, including defamation, obscenity, and incitement to violence.
Second Amendment
The amendment in the U.S. Constitution that protects the right to keep and bear arms.
Macdonald v. Chicago
A landmark Supreme Court case that incorporated the Second Amendment right to bear arms to the states through the Fourteenth Amendment.
District of Colombia v. Heller
A Supreme Court case that affirmed an individual's right to possess a firearm unconnected with service in a militia and to use it for traditionally lawful purposes, such as self-defense within the home.
Freedom of Petition
The right guaranteed by the First Amendment to make complaints to or seek assistance from one's government without fear of punishment or reprisals.
Freedom of Assembly
The right protected by the First Amendment that allows individuals to gather peacefully for demonstrations, protests, and other collective activities without government interference.
Freedom of Press
The right guaranteed by the First Amendment that protects the ability to circulate opinions in print without government restraint or censorship.
Restrictions on Freedom of Assembly
Limitations imposed by law or regulations on the right to gather and protest, often justified by concerns for public safety, order, or protection of rights.
Legal limits on gun ownership
Regulations and restrictions placed by law on the ownership, sale, and possession of firearms. Such as age, criminal history, and mental disorder history
Legal careers without law degree
Paralegals, legal assistants, or court reporters.
Careers outside of legal field with a law degree
Policy advisors, journalists, lobbyists, business consultants, and FBI agents
Types of cases in federal court
Crimes committed such as tax evasion, crimes across borders, and human trafficking. Other constitutional issues also can be heard in federal court, including civil rights violations and immigration matters.
Magistrate Court
A type of lower court that handles minor criminal cases, civil disputes, and preliminary hearings. It often serves as a first step in the judicial process.
Probate Court
Handles wills, estates, marriage licenses, gun ownerships, birth certificates, and death certificates.
Superior Court
Handles felony cases and serious civil cases, often serving as a trial court for significant legal matters in the state.
State Court
Handles misdemeanors and lesser civil cases, serving as a general trial court for issues not reserved for higher courts.
Are there Jury Trials in Magistrate Court?
No
Municipal court
Handles violations of city ordinances, minor criminal offenses, and civil cases within a municipality.
Bailiff
A court officer responsible for maintaining order, providing assistance to the judge, and managing the jury.
Court Reporter
A professional responsible for transcribing court proceedings, ensuring an accurate and verbatim record of all spoken words during trials and hearings.