STREET LAW UNIT ONE

Human rights

basic privileges a person as a human being

Reservation

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 the legal action against the alleged wrongdoer

Prosecutor

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

beyond a reasonable doubt

the level of proof required to convict a person of a crime. It does not mean "convinced 100 percent," but does mean there are no reasonable doubts as to guilt.

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 branches of government (executive, legislative, and judicial)

statutes

written laws enacted by legislatures

checks and balances

the power of each of the three branches of government (legislative, judicial, executive) 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 enactment of a bill (i.e., to prevent the bill from becoming a law)

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

Statues

Written laws enacted by legislatures

Ordinance

A county or a 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 hearing

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

treaty

a pact between nations; if entered into by the United States through its executive branch, the pact must be approved by "two-thirds of the senators present," under Article II, Section 2 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

lobbying

influencing or persuading

legislators to take action to introduce a bill or vote a certain way on a proposed law

grassroots lobbyist

a person, or group of people, who works to convince a lawmaker to vote for or against a particular issue by participating in rallies, meeting representatives, or letter writing campaigns

initiative

a procedure by which voters can propose a law and submit it to the electorate or the legislature for approval

referendum

a procedure in which issues are voted on directly by the citizens rather than by their representatives in government

recall

the removal of an elected official from office by a vote of the people

negotiation

the process of discussing an issue to reach a settlement or agreement

settlement

a mutual agreement

between two sides in a civil lawsuit, made either before the case goes to trial or before a final judgment is entered, that settles or ends the dispute

arbitration

a way of settling a dispute without going to trial. The parties who disagree select one or more impartial persons to settle the argument. If the arbitration is binding, then all parties must accept the decision.

mediation

the act or process of

resolving a dispute between two or more parties

ombudsperson

a person who has the power to investigate reported complaints and help achieve fair settlements

trial courts

courts that listen to testimony, consider evidence, and decide the facts in a disputed situation

parties

the people directly concerned with or taking part in any legal matter

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

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 the crime.

adversarial system

the judicial

system used in the United States. It allows opposing parties to present their legal conflicts before an impartial judge and jury.

inquisitional system

a European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses