Introduction to the Legal System of the United States – Vocabulary Flashcards

A set of vocabulary flashcards covering key terms from Federalism, Courts, Civil vs Criminal Law, Social Contract, and Ethics as presented in the lecture notes.

Federalism

A system of political organization with two or more levels of government, creating a vertical division of power between the national government and the states.

Dual sovereignty

Both federal and state governments possess authority over citizens and policy areas, free from interference by the other government.

Police Power

The authority of the states to regulate for the health and welfare of their citizens.

Tenth Amendment

Powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States or the people.

Supremacy Clause

Federal law is higher than state law when the federal government has jurisdiction or when there is concurrent state and federal jurisdiction.

Concurrent jurisdiction

Federal and state criminal law operate in parallel; both levels can apply and share authority.

Cooperative federalism

A model where the federal government and the states share in governing.

Dual federalism

A model in which the state and federal governments are treated as coequal within distinct spheres.

Hierarchical federalism

A model in which the national government is supreme, with broad interpretation of the Commerce and Necessary and Proper Clauses.

Enumerated (delegated) powers

Powers expressly granted to the United States by the Constitution.

Coin money

The federal power to manufacture and regulate currency.

Punish counterfeiters

The federal power to criminalize and punish counterfeiting.

Establish post offices and post roads

A delegated federal power to create mail services and related infrastructure.

Promote progress of science and useful arts

Granting exclusive rights to discoveries and writings (patents and copyrights) to encourage innovation.

Punish piracy

The federal power to punish piracy on the high seas.

Declare war and raise armies; conduct diplomacy and foreign affairs

Federal powers to manage national defense and foreign relations.

Regulate interstate and foreign commerce

The federal authority to regulate economic activity between states and with other nations.

Necessary and Proper Clause

Allows Congress to pass laws needed to execute its enumerated powers.

Commerce Clause

Constitutional provision granting Congress power to regulate commerce among the states and with foreign nations.

Trial courts

Courts that hear cases, receive testimony and evidence, and issue verdicts or sentences.

Appellate courts

Courts that review decisions of trial courts without conducting new trials.

Inferior courts

Lower courts with limited responsibilities, often not courts of record.

Supreme Court

The highest court in the United States; hears fewer than 5% of cases; decides whether to issue writs of certiorari.

Certiorari

An order directing a lower court to send the record for review by a higher court.

Judicial review

The power of courts to invalidate actions by the President or Congress that violate the Constitution.

Marbury v. Madison

The landmark case that established the principle of judicial review.

Separation of powers

Division of government into three branches—Executive, Legislative, and Judicial—with distinct duties.

Checks and balances

Mechanisms that prevent any one branch from dominating the others (e.g., veto, treaties, confirmations).

Veto

The President’s power to reject legislation.

Override

Congress’s power to pass legislation over the President’s veto, typically by a supermajority.

Treaties

Agreements with foreign nations that require Senate approval before becoming binding.

Civil law

Non-criminal law covering contracts, torts, property, intellectual property, and family law; damages are awarded to the plaintiff.

Criminal law

Law in which the government charges individuals with crimes and seeks penalties.

Damages

Monetary compensation awarded in civil cases.

Negligence

Failure to exercise reasonable care resulting in harm; a common civil tort.

Strict liability torts

Liability for harms caused regardless of fault or intent.

Social contract

The idea that rights and responsibilities exist between people and government, balancing authority and liberty.

Civil liberties

Individual freedoms protected from government infringement.

Zone of freedom

An area defined by the Constitution where government is prohibited from heavy regulation.

Bill of Rights

The first ten amendments protecting civil liberties and limiting government power.

Ethical considerations (criminal law)

Basic ethics guiding professionals: attorneys (state bar authorities), paralegals (NALA, NFPA), and law enforcement (compliance with laws and rules).