Chapters 3–4 Law Exam Study Guide

Vocabulary flashcards covering legal sources, constitutional amendments, scrutiny levels, court systems, jurisdiction, and criminal trial procedure based on Dr. Davis's review list for Chapters 3 and 4.

Common law

Law developed through court decisions, especially when judges interpret legal rules and apply them to cases.

Precedent

An earlier court decision used as a guide when a later case has similar legal issues and facts.

Stare decisis

The principle that courts generally follow applicable precedents to promote consistency and predictability.

Statutory law

Written law enacted by a legislature, such as Congress or a state legislature.

Administrative law

Law concerning the rules, decisions, and actions of government agencies acting under delegated authority to implement laws, issue regulations, and decide certain disputes.

U.S. Constitution

The supreme law of the United States that establishes the federal government structure, distributes power among branches, divides authority between federal and state governments, and protects certain rights.

Bill of Rights

The first ten amendments to the U.S. Constitution, which protect individual liberties and limit government power.

First Amendment

Protects freedom of religion, speech, press, assembly, and petition.

Second Amendment

Protects the right to keep and bear arms, subject to constitutional interpretation and lawful regulation.

Third Amendment

Limits quartering soldiers in private homes in peacetime without the owner's consent.

Fourth Amendment

Protects against unreasonable searches and seizures; warrants generally require probable cause and particularity.

Fifth Amendment

Includes grand-jury protection for serious federal crimes, protection against double jeopardy and compelled self-incrimination, federal due process, and just compensation for takings.

Sixth Amendment

Guarantees rights for criminal defendants, including a speedy and public trial, an impartial jury, notice of charges, confrontation, compulsory process, and assistance of counsel.

Eighth Amendment

Prohibits excessive bail and fines as well as cruel and unusual punishments.

Thirteenth Amendment

Abolishes slavery and involuntary servitude, except as punishment for a crime after conviction.

Fourteenth Amendment

Protects citizenship, due process, and equal protection, serving as an important basis for applying many rights against state governments.

Strict scrutiny

The hardest standard of review to satisfy, requiring the government to show that an action is narrowly tailored to serve a compelling government interest; applies to suspect classifications like race and certain fundamental-rights burdens.

Intermediate scrutiny

A middle-level standard of review requiring the government to show that an action is substantially related to an important government interest; commonly applied to sex-based classifications.

Rational-basis review

The most deferential standard of review, requiring the government to show that an action is rationally related to a legitimate government interest; applies to most ordinary economic and social regulations.

Jurisdiction

A court's legal authority to hear a case or exercise power over a party.

Subject-matter jurisdiction

A court's authority to hear the specific type of case involved.

Personal jurisdiction

A court's authority over the defendant or party, often evaluated by examining the defendant's contacts with the state and consistency with due process.

Venue

The proper geographic location for a case to be heard within a court system.

U.S. District Court

The federal trial court that hears evidence, determines facts, and applies law; usually where a federal case begins.

U.S. Court of Appeals

The intermediate federal appellate court that reviews district-court decisions for legal error and generally does not conduct a new trial.

U.S. Supreme Court

The highest federal court, which selects many cases for review, resolves important federal-law or constitutional issues, and serves as the final authority on federal questions.

Presumption of innocence

The principle that a defendant is presumed innocent unless the prosecution proves guilt beyond a reasonable doubt.

Burden of proof (criminal)

The obligation of the prosecution to prove every element of the charged offense beyond a reasonable doubt.

Pretrial motions

Requests asking the judge to make a legal ruling before or during trial, such as whether certain evidence can be admitted or suppressed.

Plea bargain

An agreement in which the defendant pleads guilty, often in exchange for a reduced charge or a sentencing recommendation.

Voir dire

The questioning of prospective jurors by the judge and/or attorneys to identify bias, conflicts, or reasons someone may not be able to serve fairly.

Challenge for cause

A request to remove a prospective juror because a legally recognized reason suggests the person cannot be impartial or serve, requiring judge approval without a fixed numerical limit.

Peremptory challenge

A limited discretionary request to remove a prospective juror without stating cause, which cannot be used for unconstitutional discrimination such as race or sex.

Opening statements

Presentations at the start of trial where each side outlines what it expects the evidence to show; they are not themselves evidence.

Prosecution's case-in-chief

The phase of trial where the prosecution presents witnesses and exhibits to try to prove the charged offense.

Closing arguments

Concluding statements where lawyers explain how the evidence relates to the law and argue what verdict the jury should reach; they are not themselves evidence.