Unit 4 Study Guide

Rule of Law

The principle that all individuals, including government officials, are subject to and accountable under the law, ensuring fairness and justice.

Due Process

The legal requirement that the state must respect all legal rights owed to a person, including fair treatment through the judicial system.

Majority Rule

A democratic principle stating that decisions are made based on the preference of more than half the participants.

Judicial Review

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

Civil Case

Involves a dispute over property damage and compensation.

Criminal Case

A legal proceeding in which a person is accused of a crime.

Prosecutor

A legal representative who presents the case against a defendant in a criminal trial.

Defendant

The individual accused of a crime in a court case.

Subpoena

A legal order requiring someone to testify or produce evidence in court.

Habeas Corpus

The right to challenge unlawful detention or imprisonment.

Burden of Proof

The obligation to prove one's assertion in court; in criminal cases, it is on the prosecution.

Indictment

A formal charge or accusation of a serious crime.

Plea Bargain

An agreement where the defendant pleads guilty in exchange for a lesser charge or sentence.

Settlement

A mutual agreement between parties to resolve a case without trial.

Preponderance of Evidence

The standard of proof in civil cases, requiring that the plaintiff’s case is more likely true than not.

Mediation

A process where a neutral third party helps resolve a dispute outside of court.

Deposition

Testimony of a witness taken under oath before trial.

Magna Carta

A foundational document that established principles of limited government, individual rights, and due process, influencing constitutional law.

4th Amendment

Protects against unreasonable searches and seizures.

5th Amendment

Protects against self-incrimination, double jeopardy, and ensures due process.

6th Amendment

Guarantees the right to a fair trial, an impartial jury, and legal representation.

8th Amendment

Prohibits excessive bail, fines, and cruel and unusual punishment.

Miranda Rights

Rights that must be read to a suspect upon arrest to inform them of their legal protections.

Tinker vs. Des Moines

SCOTUS ruling that affirmed students' rights to free speech in school, as long as it does not disrupt operations.

Plessy vs. Ferguson

SCOTUS ruling that upheld the constitutionality of racial segregation under the 'separate but equal' doctrine.

US vs. Nixon

SCOTUS ruling that determined no person, including the President, is above the law.