government

Here are the definitions for all the vocabulary terms from your review sheet:

Bill of Rights

  • Bill of Rights: The first ten amendments to the United States Constitution, which guarantee foundational rights and liberties to citizens.

  • 1st Amendment: Protects freedom of religion, speech, the press, peaceful assembly, and the right to petition the government.

  • 2nd Amendment: Protects the right of the people to keep and bear arms.

  • 3rd Amendment: Prohibits the federal government from forcing citizens to house soldiers in their homes during peacetime.

  • 4th Amendment: Protects citizens against unreasonable searches and seizures and requires warrants to be supported by probable cause.

  • 5th Amendment: Guarantees due process and grand jury rights, protects against self-incrimination and double jeopardy, and limits eminent domain.

  • 6th Amendment: Guarantees the right to a speedy and public trial by an impartial jury, the right to legal counsel, and the right to confront witnesses in criminal cases.

  • 7th Amendment: Guarantees the right to a jury trial in civil court cases involving property or money.

  • 8th Amendment: Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

  • 9th Amendment: Clarifies that the rights listed in the Constitution are not exhaustive, meaning people retain other rights not explicitly mentioned.

  • 10th Amendment: Establishes that any powers not explicitly delegated to the federal government by the Constitution are reserved to the states or to the people.

1st Amendment Cases & Concepts

  • Tinker v. Des Moines: A landmark Supreme Court case ruling that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," protecting peaceful symbolic speech (such as wearing black armbands).

  • Frederick v. Morse: A Supreme Court case ruling that public schools can restrict student speech that reasonably encourages illegal drug use (the "Bong Hits 4 Jesus" banner case).

4th Amendment Concepts

  • Probable Cause: A reasonable belief, backed by facts and circumstances, that a crime has been committed or that evidence is present, which is required for police to obtain a search warrant.

  • Reasonable Suspicion: A lower legal standard than probable cause that allows law enforcement or school officials to briefly detain or conduct a limited pat-down/search of a person based on specific, articulable facts.

5th Amendment Concepts

  • Due Process: The constitutional guarantee that the government must respect all legal rights that are owed to a person, ensuring fair and regular legal procedures.

  • Grand Jury: A group of citizens convened to evaluate whether there is enough evidence (an indictment) to officially charge someone with a serious crime and send them to trial.

  • Eminent Domain: The power of the government to take private property for public use, provided that the owner receives just (fair) financial compensation.

  • Self Incrimination: The act of forcing or compelling a defendant to testify against themselves in a criminal case.

  • Double Jeopardy: The constitutional protection that prevents a person from being tried twice for the same exact crime after being legally acquitted or convicted.

Marbury v. Madison & Court Powers

  • Marbury v. Madison: The landmark 1803 Supreme Court case that established the principle of judicial review.

  • Writ of Mandamus: A court order compelling a government official or lower court to properly perform their official duties.

  • Judicial Review: The power of the courts to review legislative and executive actions and declare them unconstitutional if they violate fundamental law.

Federal Court System

  • Plaintiff: The person or party who initiates a lawsuit or brings a legal case against another in court.

  • Defendant: The individual, company, or institution being sued or accused in a court of law.

  • Arbiter - Judge: A public official presiding over a court room to ensure trials are conducted fairly and according to the law.

  • Original Jurisdiction: The power of a court to hear a case first, where the trial takes place and facts are established.

  • Appellate Jurisdiction: The authority of a higher court to review, uphold, or overturn decisions made by lower courts.

  • Exclusive Jurisdiction: The authority held by only one specific court system (either federal or state) to hear a particular kind of case.

  • Concurrent Jurisdiction: Authority shared by both federal and state courts to hear certain types of cases.

  • Supreme Court: The highest federal court in the United States, consisting of nine justices, which primarily hears cases on appeal.

  • Court of Appeals: The intermediate level of the federal court system that reviews decisions made by federal district courts.

  • District Court: The lowest tier and primary trial courts in the federal system where federal cases begin.

  • U.S. District Court: The official name for the federal trial courts distributed across judicial districts nationwide.

Supreme Court Procedures & Opinions

  • Appointment: The formal selection of a federal judge or Supreme Court justice by the President.

  • Confirmation: The U.S. Senate's constitutional process of reviewing and approving a presidential nominee.

  • Writs of Certiorari: A formal order issued by the Supreme Court directing a lower court to send up the records of a case for review.

  • Rule of Four: The Supreme Court practice stating that at least four of the nine justices must agree to hear a case before a writ of certiorari is granted.

  • Briefs: Written legal documents submitted by opposing attorneys detailing their legal arguments, precedents, and facts before oral arguments.

  • Amicus Curiae Briefs: "Friend of the court" briefs submitted by outside organizations or experts not directly involved in the case to provide additional perspective.

  • Oral Arguments: The session where lawyers present their case face-to-face to Supreme Court justices and answer their questions.

  • Majority Opinion: The official written ruling and legal reasoning of the Supreme Court agreed upon by a majority of the justices.

  • Minority Opinion: (Also known as a dissenting opinion) Written by one or more justices who disagree with the majority decision, explaining why they voted differently.

  • Concurring Opinion: Written by a justice who agrees with the ultimate outcome of the majority, but wishes to emphasize different legal reasoning or arguments.