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Unit 4 Study Guide

Define each of the following terms below. Be specific!

Term

Definition

Rule of Law

The principle that all individuals, including government officials, are subject to and accountable under the law, ensuring fairness and justice.

Due Process

The legal requirement that the state must respect all legal rights owed to a person, including fair treatment through the judicial system.

Majority Rule

A democratic principle stating that decisions are made based on the preference of more than half the participants.

Judicial Review

The power of courts to assess whether a law or government action is constitutional.

For each scenario below, determine whether it is a criminal or civil case.

Scenario Description

Criminal or Civil?

Debra’s neighbor is cutting down a tree when it falls on her roof and collapses it. After arguing about paying for repairs, Amanda sues her neighbor for damages.

Civil Case (involves a dispute over property damage and compensation)

Erin and Nicole are out shopping at the mall. While at a store, Nicole notices Erin shoplifting and reports her to the mall cop.

Criminal Case (shoplifting is a crime against the state)


Sandy is driving back to Maryland from Louisiana when a car slams into her at a stop sign. Sandy sues him for damages to her car. 

Civil Case (lawsuit over financial damages)

Eric and Chris are out on the town when they see a car door open with valuable stuff inside. They both decide to steal as much as they could but get stopped running away by a cop car.

Criminal Case (theft is a criminal offense)

For each scenario below, determine whether the individual’s Due Process is being violated.

Scenario Description

Is Due Process Being Violated?

Ian is being arrested for stealing Reeses Cups from Target. As they are arresting him, Officer Debra forgets to read him his Miranda Rights.

Yes, violation (Miranda Rights must be read upon arrest)

Rodney is on trial for attempted murder. He is too poor to afford his own lawyer, so the state assigns him a Public Defender.

No violation (right to legal representation is protected)

Olivia is home asleep when she hears a loud noise. The police had busted into her home and were searching it. When Olivia asks to see a warrant, Officer Lal says “I don’t need one to check your house”.

Yes, violation (unlawful search and seizure)

Bryan is walking down the street, a cop car stops in front of him and arrests him. When asked why he is being arrested, the cop responds by saying that he doesn’t need to know.

Yes, violation (right to know charges against oneself)

Criminal Case Vocabulary

Vocabulary Term

Definitions

Prosecutor

A legal representative who presents the case against a defendant in a criminal trial.

Defendant

The individual accused of a crime in a court case.

Subpoena

A legal order requiring someone to testify or produce evidence in court.

Habeas Corpus

The right to challenge unlawful detention or imprisonment.

Burden of Proof

The obligation to prove one's assertion in court; in criminal cases, it is on the prosecution.

Indictment

A formal charge or accusation of a serious crime.

Plea Bargain

An agreement where the defendant pleads guilty in exchange for a lesser charge or sentence.

Sentence

The punishment is assigned to a defendant found guilty of a crime.

Civil Case Vocabulary

Vocabulary Terms

Definition

Plaintiff

The person who initiates a lawsuit.

Defendant

The person being sued in a civil case.

Mediation

A process where a neutral third party helps resolve a dispute outside of court.

Settlement

A mutual agreement between parties to resolve a case without trial.

Preponderance of Evidence

The standard of proof in civil cases, requiring that the plaintiff’s case is more likely true than not.

Plea Bargain

A deal reached between the prosecution and defense where the defendant pleads guilty to lesser chargers or lesser sentences

Deposition

Testimony of a witness taken under oath before trial.

Describe the importance of the Magna Carta. How does it relate to Due Process and Rule of Law?

The Magna Carta, signed in 1215, established principles of limited government, individual rights, and due process. It laid the foundation for modern constitutional law by ensuring that rulers must follow laws and that people have legal protections against arbitrary rule. This document directly influenced the concepts of Due Process and Rule of Law in democratic societies.

Fill in the information for each of the Amendments below.

Amendment

Summary of Amendment

Court Case Example


4th

Protects against unreasonable searches and seizures.

Mapp v. Ohio (1961) – Evidence obtained illegally cannot be used in court.


5th

Protects against self-incrimination, double jeopardy, and ensures due process.

Miranda v. Arizona (1966) – Led to Miranda Rights.


6th

Guarantees the right to a fair trial, an impartial jury, and legal representation.

Gideon v. Wainwright (1963) – Right to a public defender.


8th

Prohibits excessive bail, fines, and cruel and unusual punishment.

Furman v. Georgia (1972) – Questioned the death penalty’s fairness.

What is the purpose of the rights of the Accused? Why did our founding fathers include these?

These rights protect individuals from government abuse, ensuring fairness in the legal process. The Founding Fathers included them to prevent tyranny, as they had experienced under British rule, and to uphold justice in criminal proceedings.

Fill in the information for each of the SCOTUS Cases below.

Court Cases

Case Background

Case Question

SCOTUS Ruling


Miranda vs. Arizona

Ernesto Miranda was arrested but not informed of his right to remain silent.

Do suspects need to be informed of their rights?

Yes, leading to the establishment of Miranda Rights.


Gideon vs. Wainwright

Gideon was denied a lawyer because he couldn’t afford one.

Does the 6th Amendment require states to provide attorneys?

Yes, states must provide legal counsel for indigent defendants.


New Jersey vs. TLO

A student was searched at school without a warrant.

Do students have the same search protections as adults?

Schools can conduct reasonable searches without a warrant.


US vs. Nixon

President Nixon refused to hand over Watergate tapes.

Is the President above the law?

No, Nixon had to release the tapes.


Plessy vs. Ferguson

Homer Plessy challenged segregation laws.

Is racial segregation constitutional?

Yes, "separate but equal" was upheld.


Tinker vs. Des Moines

Students were suspended for wearing black armbands to protest the Vietnam War.

Do students have free speech rights in school?

Yes, as long as it does not disrupt school operations.