Law studies CHapter 1-3 vocabulary

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.

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.

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.

Extradition

The legal process in which one country or state asks another to surrender a suspected or convicted criminal.

Public hearings

Proceedings that are open to the public where evidence is considered and a decision is reached based on this evidence.

Supremacy clause

The provision in Article VI of the Constitution stating that in the event of conflict between state and federal law, federal law must be applied.

Bill

A proposed law being considered by a legislature.

Legislative intent

What lawmakers who passed a law wanted it to mean; used by judges to interpret unclear statutes.

Ordinance

A county or city law.

Statutes

Written laws enacted by legislatures.

Checks and balances

The power of each of the three branches of government to limit the other branches' power to prevent abuse.

Veto

The power of the chief executive to prevent enactment of a bill from becoming a law.

Judicial review

The process by which courts decide whether 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, guaranteeing basic individual rights to all persons in the United States.

Limited government

A constitutional principle limiting government to powers provided to it by the people.

Separation of powers

The division of power among the executive, legislative, and judicial branches of government.

Human rights

Basic privileges a person has 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

Law dealing with private rights of individuals, groups, or businesses, such as tort and contract law.

Civil action

A noncriminal lawsuit brought to enforce a right or redress a wrong.

Defendant

The person against whom a claim is made, being sued in civil court or charged in criminal court.

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 case.

Beyond a reasonable doubt

The level of proof required to convict a person of a crime, meaning there are no reasonable doubts as to guilt.

Preponderance of the evidence

The standard of proof in a civil suit where a party must provide more convincing evidence than the other side.