Law and Society (semester 1 FINAL)

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First Amendment

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193 Terms
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First Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

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Second Amendment

Right to bear arms

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Third Amendment

The government may not house soldiers in private homes without consent of the owner

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Fourth Amendment

Protects against unreasonable search and seizure

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Fifth Amendment

no self-incrimination (right to remain silent)

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Sixth Amendment

right to a lawyer, an impartial jury, and a speedy trial - due process of the law - fair procedures

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Seventh Amendment

Right to a jury trial in civil cases

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Eighth Amendment

No cruel and unusual punishment

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Ninth Amendment

the right to more rights than are written in the constitution

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Tenth Amendment

powers not reserved to the federal government falls to the people and states

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Fourteenth Amendment

equal protection of the law for all citizens

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Judicial Review

the power to review the constitutionality of acts of Congress and to invalidate those that it determines to be unconstitutional

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Montesquieu's enlightenment idea

Seperation of powers and a set of checks and balances within the branches

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Legislatures

an assembly of people with the authority to make laws for a political unity

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Statute (generally)

a written law passed by a legislative body

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Jurisdiction

the territory or sphere of activity over which the legal authority of a court or other institution extends

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Federal Statute

a law enacted by congress

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State Statute

a law enacted by the legislative branch

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County

a political and administrative division of a state

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charter

(of a city, company, university, or other body) founded or having its rights and privileges established

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Common Law Definition of Burglary

The breaking and entering of a dwelling house of another at night with the intent to commit a felony therein

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Autocracy

a system of government by one person with absolute power (totalitarian, dictatorship, etc)

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Obligarchy

form of government in which a few people have the power

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Democracy

A political system in which the supreme power lies in a body of citizens who can elect people to represent them

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Monarchy

a form of government with a monarch at the head (king, queen)

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Divine Right

Belief that a rulers authority comes directly from god.

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Constitutional Monarchy

A King or Queen is the official head of state but power is limited by a constitution.

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Direct Democracy

A form of government in which citizens rule directly and not through representatives

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Republic

A form of government in which citizens choose their leaders by voting

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Common Good

benefits the majority of people

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Balance of Power

no one branch has more power than another

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Mayflower Compact

A legal contract in which they agreed to have fair laws to protect the general good

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John Winthrop

Puritan leader who became the first governor of the Massachusetts Bay Colony

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Fundamental Orders of Connecticut

first written constitution in the English colonies

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Iroquois Confederacy

a group of Native American nations in eastern North America joined together under one general government

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Civic Virtue

Willingness on the part of citizens to sacrifice personal self-interest for the public good. Deemed a necessary component of a successful republic.

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U.S. v McVeigh

Someone bombed a federal building and was convicted of the crime having killed 168 people. 3,000 documents were not given to the defense. A retrial was granted, but the defense turned it down.

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Case of the Unclear Law

a law was made for no vehicles allowed in the park, but it did not specify as to the circumstances of "vehicles" such as wheelchairs, bicycles, scooters, golf carts, etc

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The Case of the Shipwrecked Sailors

-3 shipwrecked sailors: Dudley (navigator), Stephens (doctor, only 30 days to live), and Brooks

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Marbury v Madison

This case establishes the Supreme Court's power of Judicial Review

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McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

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Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

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Dred Scott

United States slave who sued for liberty after living in a non-slave state

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Brown v. Board of Education (1954)

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

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Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the different facilities were equal to each other

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Obergefell v. Hodges

States obligated to recognize same-sex marriage from other states.

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Tinker v. Des Moines

U.S. Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school

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Kolender

The Supreme court ruled that the law that "gave police the power to ask for the ID if there was reasonable suspicion that a law had been violated", was too vague, and needed to be changed. based off the case of a man refusing to present ID after constantly walking around

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Frank Schaefer

officiated his son’s same-sex wedding - important gay equality case

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Gideon v Wainwright

overturned Betts v Brady - Gideon was denied a court appointed attorney, this case set precedent as insuring the 6th amendment

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Nixon v U.S.

Nixon was impeached by the Senate for having lied to the Grand Jury, he then argued that this was unconstitutional but the fact that in the constitution it is stated that all impeachment trials are up to the Senate to deal - unanimously voted in favor of the US

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Judicial Review

The power of the courts to declare laws unconstitutional - they can review something even with existing precedent (Marbury v Madison)

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Legislature

A group of people who have the power to make laws

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Regulations/Rules

limitations or restrictions on the activities of a business or individual

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Precedent (stare decisis)

a legal norm established in court cases that is then applied to future cases dealing with the same legal questions

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Creation of Laws

A proposed law is called a "bill "

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Forms of Law and Regulations

civil law, federal criminal law, constitution, state laws, and local laws

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Civil Court

People v People

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Criminal Court

People v Society

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State Jurisdiction

State courts have jurisdiction in cases that do not fall exclusively within the jurisdiction of the federal courts.

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Federal Jurisdiction

Jurisdiction given to federal courts in cases that are more serious to the safety of the country, laws broken on the federal level

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Supreme Court

the highest federal court in the United States

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Supreme Court Function

decide on a case after deciding to hear it and then vote and hear more and then decide after if they'll take it or not

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Supreme Court Role in the Government

part of the judicial branch

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Justice Nomination

nominated by the President and then majority voted in by the Senate

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Social Engineering

implementing solutions and curing ills more rapidly, rather than waiting for it to naturally happen

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Magna Carta

a document constituting a fundamental guarantee of rights and privileges (holds monarchs accountable/ they are not above the law)

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Petition of Right

a major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing.

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English Bill of Rights

document that gave England a government based on a system of laws and a freely elected parliament

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Paradigm Shift

shift of ideals at the beginning

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Social Contract

An agreement between the people and their government signifying their consent to be governed

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Consent of the Governed

People are the source of any and all governmental power

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Collective Rights

when sacrifices are made to benefit the whole

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Special Master

a third party expert

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Executive Privilege

The President has the right to keep secret their own thoughts from the public to protect their freedom of thought

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Attorney-Client Privilege

right of individual to have discussions with his/her attorney kept private and confidential

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Precedent

a guide/example to the current proceedings that are similar which will, in turn, connect the outcomes

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Appeal

an application to a higher court for a decision to be reversed

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Error of Law

a mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed

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Federal Question

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

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Diversity of Citizenship

The condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.

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1st Degree Murder

taking a life with premeditation, deliberation and malice; 25-life in prison

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2nd degree murder

voluntarily taking a life without premeditation; 15-life in prison

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Voluntary Manslaughter

voluntarily taking another person’s life without premeditation and with “mitigating circumstances”; 2.4, or 6 years in state prison

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