Poly sci def
Grand Jury: A group of citizens that determines whether there’s enough evidence to charge someone.
Precedent: Previous legal decisions that guide future cases.
Slander: Spoken false information.
Libel: Written false information.
Indictment: A formal charge of a crime.
Preponderance of Evidence: The standard used in civil cases (lower standard).
Beyond a Reasonable Doubt: The standard in criminal cases (higher standard).
Bicameral: A two-house legislative system (House and Senate).
False Advertising: Knowingly misleading consumers.
Sovereignty: Supreme power or authority.
Amicus Curiae: A brief submitted by someone not a party to the case, providing information or arguments.
Obscene Words/Materials: Offensive speech/material, subject to regulation.
Symbolic Speech: Non-verbal expression protected by the First Amendment (e.g., flag burning).
Judicial Review: The power of the courts to declare laws unconstitutional.
Judicial Activism: The belief that courts should actively protect rights and correct societal injustices.
Judicial Restraint: The belief that courts should defer to the elected branches of government.
Differences Between Civil and Criminal Cases
Civil Case:
Plaintiff brings a lawsuit.
Standard of Proof: Preponderance of evidence.
Examples: Divorce, child custody, negligence.
Criminal Case:
Prosecution brings the case against a defendant.
Standard of Proof: Beyond a reasonable doubt.
Examples: Felony, misdemeanor.
Right to an Attorney: Provided in criminal cases.
Important Constitutional Concepts
Popular Sovereignty: The people hold ultimate power.
Limited Government: Government is not involved in all aspects of life.
Laissez-faire: A hands-off approach to government regulation.
Separation of Powers: Divides government into three branches to prevent any one branch from gaining too much power.
Majority Rule: The majority vote controls decisions (e.g., President, House, Senate).
Miscellaneous Topics
Three-Fifths Compromise: Enslaved individuals were counted as three-fifths of a person for representation.
Docket: A list of cases.
Subpoena: A legal document ordering someone to testify.
Hung Jury: When the jury cannot reach a unanimous decision (11-1).
:Grand jury - . A grand jury is a group of people who decide if there's enough evidence to charge someone with a crime.
Grand juries in the United States typically have 16–23 members.
Grand juries consider evidence presented by a prosecutor to determine if there's probable cause to believe a crime was committed.
If there's enough evidence, the grand jury issues an indictment, which formally charges the accused person with a crime.
Precedent- setting a new landmark or changing the current status quo the supreme court decision making a new ruling which redefines.
Slander- spoken defamation
indictment- an official written statement charging a person with a crime.
Libel - written defamation with intent to hurt reputation
preponderance of evidence
“all deliberate speed”
Bench trial- only the judge decides
Bicameral- two houses - senate and HOR
False advertising-
sovereignty- Sovereignty is a legal concept that refers to the supreme authority of a state or nation. It is the power to make laws, impose authority, and exercise control over a territory
amicus curiae- friend of court..
Obscene words- miller v california 1973- material lacks political, artistic or literary value language/images in printed matter or films
Federal- national
incorporate/incorporation- 14th amendment meaning applies to all 50 states
Obscene materials- words that are spoken and words are written are not obscene-
hung jury - criminal case cant decide gets passed on- 11-1
Plaintiff- person accusing the defendant in a civil case.
Beyond a reasonable doubt
misdemeanor misdemeanor is a type of offense punishable under criminal law . A misdemeanor is typically a crime punishable by less than 12 months in jail. Community service, probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors.
three-fifths compromise Enslaved individuals were counted as three-fifths of a person for representation.
Felony - punishable by fines and more than one year in prison. Murder assault
symbolic speech - nonverbal rights
“separate but equal”
Judicial review Judicial review is a legal process that allows courts to review the actions of the government. The goal is to ensure that the government is acting in accordance with the constitution. The courts can invalidate laws, executive orders, or other actions that go against the constitution
The courts can limit the power of the legislative and executive branches
The courts can determine what the constitution means in legal disputes
judicial restraint Judicial restraint is a legal philosophy that limits a court's power to change laws. It encourages judges to follow the law and precedent, rather than their own personal or political preferences.
judicial activism Judicial activism is a judicial philosophy that allows judges to use their own policy views to make decisions, rather than strictly following the law. It's often contrasted with judicial restraint, which encourages judges to follow precedent.
Judicial activism can involve judges overturning laws passed by Congress
It can also involve judges expanding individual rights
It can be used to address social issues like civil rights and public morality
Checks and balances
separation of powers Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government , this system helps to ensure that no one branch is more powerful than another.
advise and consent Advise and consent is the power of the United States Senate to review and confirm presidential appointments and treaties. This power is outlined in Article II, Section 2 of the United States Constitution.
Warren Court The Warren Court definition refers to an era when Earl Warren was Chief Justice of the United States Supreme Court, from 1953-1969. Chief Justice Warren's vision for the Court and American society was that he wanted to bring about social change and fight against injustice. The Warren Court is considered one of the most influential and liberal courts in American history.
Roberts CourtThe Roberts Court is the name given to the Supreme Court of the United States since Chief Justice John Roberts took office in 2005. The Roberts Court has issued many landmark decisions a moderate conservative judicial philosophy. it has also been noted for its restraint in using judicial review, making it by some measures the least activist Supreme Court in history.