Browns Basic Quiz 1

Law

Rules made and enforced by the government that control behavior in society.

Rule of Law

Everyone must follow the law, including government officials. No one is above the law.

Limited Government

Government only has powers given by the Constitution.

Federalism

Power divided between the federal (national) government and state governments.

Separation of Powers

Government power divided among 3 branches: Legislative, Executive, and Judicial.

Checks and Balances

Each branch has powers that can limit the other branches.

Legislative Branch

Makes laws; Congress.

Executive Branch

Enforces laws; President.

Judicial Branch

Interprets laws and decides if laws follow the Constitution; courts.

Constitution

The highest law of the United States; sets up the government and its limits.

Amendment

A change or addition to the Constitution.

Bill of Rights

The first 10 amendments, protecting basic individual rights.

Constitutional

Follows the Constitution.

Unconstitutional

Conflicts with the Constitution.

Judicial Review

The power of courts to decide whether a law or government action is constitutional.

When Can a Court Rule a Law Unconstitutional?

When the government does not have constitutional power to make the law OR when the law violates a constitutional right.

Necessary and Proper Clause

Gives Congress power to make laws needed to carry out its constitutional powers.

Elastic Clause

Another name for the Necessary and Proper Clause because it allows Congress's powers to 'stretch' when needed.

Supremacy Clause

The Constitution and federal laws are the supreme law of the land.

IRAC

A method for answering legal questions.

Issue

The legal question that needs to be answered.

Rule

The law or constitutional rule that applies.

Application

Applying the rule to the facts of the case.

Conclusion

The final answer to the legal question.

IRAC Order

Issue → Rule → Application → Conclusion.

Criminal Law

Law dealing with crimes and punishment.

Criminal Case

Government vs. Defendant.

Prosecutor

Government attorney who brings a criminal case.

Defendant

Person being sued or charged.

Felony

Serious crime punishable by more than 1 year in prison.

Misdemeanor

Less serious crime punishable by 1 year or less in prison.

Beyond a Reasonable Doubt

Criminal proof standard: evidence must leave no reasonable doubt about guilt. (Basically, the evidence shows that the person is 100% guilty.)

Civil Law

Law dealing with private rights and disputes, such as contracts or injuries; determines whether someone is legally liable for a wrong.

Civil Action

A noncriminal lawsuit used to resolve a dispute and determine liability.

Liable

Legally responsible for a wrong or causing harm.

Plaintiff

Person who brings a civil lawsuit.

Preponderance of the Evidence

Civil proof standard; one side's evidence is more convincing than the other's.

Civil Case

Plaintiff → Defendant → Private Dispute → Liability/Remedy.