Business Law Vocabulary Unit 2

1st amendment

1st amendment

freedom of speech, religion, press, and assembly, and right to petition the government

2nd amendment

people have the right to a well-regulated militia and the right to “bear arms”

3rd amendment

soldiers cannot take or live in a person’s house

4th amendment

government must have “probable cause” to arrest a person or search their property

5th amendment

due process (the government must follow the law before punishment)

6th amendment

right to a fair and speedy trial by a jury

7th amendment

right to a jury for civil cases

8th amendment

the government cannot demand excessive bail or fines, or a cruel and unusual punishment

9th amendment

the constitution does not include all the rights of the people and the states

10th amendment

any powers that the constitution does not give to the federal government belongs to the states

civil rights

individual rights guaranteed and protected by the constitution as well as legislation enacted by congress, have developed over time through legal and social change

periphery rights

right to privacy and right to education

litigation

taking a case to court

mediator

an independent third party that tries to help develop a solution acceptable to both parties

arbitrator

kind of like a mediator, except the decision of an arbitrator is binding (you have to do it)

court

a governmental forum that administers justice under the law

trial court

is the first to hear a dispute which means it has original jurisdiction

appellate court

review decisions made in lower courts when someone claims an error was made in original

transcript

a verbatim record of what went on at a trial

appellate brief

summaries submitted by lawyers

general jurisdiction

can hear almost any kind of case

municipal court

administers ordinances

small claims court

settles disputes less than $2,500 (generally no lawyers)

probate court

deals with wills/what happens when people die

what kind of jurisdiction does the supreme court have?

both original and appellate jurisdiction