Street law unit 1 study guide

1. What is the definition of a democracy?

A democracy is a system of government in which the power to govern is vested in the people. It can take different forms, such as direct democracy, where citizens vote on laws and policies directly, or representative democracy, where citizens elect officials to represent their interests and make decisions on their behalf. Key features of a democracy include free and fair elections, majority rule with respect for minority rights, the rule of law, freedom of speech, and an independent judiciary.

2. What type of law does the U.S. practice?

The United States follows a mixed legal system, incorporating aspects of:

• Common Law: Based on judicial precedents (court decisions that establish legal principles).

• Statutory Law: Created by legislatures at the federal, state, and local levels.

• Constitutional Law: Derived from the U.S. Constitution, which is the supreme law of the land.

• Administrative Law: Regulations set by government agencies.

• Criminal Law & Civil Law: Criminal law deals with offenses against the state, while civil law deals with disputes between individuals or entities.

3. Most constitutional amendments have done what for the American people?

Most amendments to the U.S. Constitution have expanded and protected individual rights, liberties, and democratic participation. Examples include:

• The Bill of Rights (First 10 Amendments): Protects freedoms such as speech, religion, and due process.

• The 13th Amendment (1865): Abolished slavery.

• The 14th Amendment (1868): Guaranteed equal protection under the law and extended rights to all citizens.

• The 19th Amendment (1920): Granted women the right to vote.

• The 26th Amendment (1971): Lowered the voting age to 18.

4. Written decisions made by courts and set precedence are known as this kind of law.

These are known as case law or precedent. When a higher court (such as the Supreme Court) makes a ruling, lower courts must follow that ruling in similar cases. This principle is called stare decisis, which ensures consistency and predictability in the legal system.

5. Laws made by lawmakers are known as this and give an example.

Laws created by legislatures (Congress, state legislatures, or city councils) are called statutory laws. These laws are written and codified.

Example: The Civil Rights Act of 1964, which prohibited discrimination based on race, color, religion, sex, or national origin.

6. What is a statute of limitations and give an example.

A statute of limitations is a law that sets the maximum time after an event that legal proceedings can be initiated. If a case is not filed within this time, it may be dismissed.

Example:

• Personal Injury Cases: In many states, the statute of limitations is two to four years.

• Murder: Often has no statute of limitations, meaning charges can be filed at any time.

7. What is the role of a jury? Give 3 things a jury must do.

A jury is a group of citizens who evaluate evidence presented in a trial and determine facts before rendering a verdict.

Three duties of a jury:

1. Listen to evidence carefully – Jurors must remain impartial and base their decisions on the facts presented.

2. Deliberate with other jurors – Jurors discuss the case in private to reach a verdict.

3. Render a fair verdict – A jury must apply the law to the evidence and make a decision without bias.

8. When the court overturns a law because it is unconstitutional, who has heard the case?

A case challenging the constitutionality of a law is typically heard by:

• The Supreme Court of the United States (SCOTUS) at the federal level.

• State Supreme Courts for state laws.

• Lower appellate courts may also hear cases before they reach the highest court.

This process is part of judicial review, established in Marbury v. Madison (1803).

9. What are the 13 signposts of a democracy? Which three does the USA do well, and which three need improvement? Explain why.

The 13 signposts of democracy include:

1. Free and fair elections

2. Majority rule with minority rights

3. Citizen participation

4. Equality under the law

5. Independent judiciary

6. Rule of law

7. Political tolerance

8. Transparency in government

9. Accountability of leaders

10. Freedom of speech and press

11. Human rights protections

12. Economic freedom

13. Limited government powers

Three areas where the USA excels:

• Free and fair elections – Open elections allow citizens to choose their representatives.

• Freedom of speech and press – The First Amendment protects expression and a free press.

• Independent judiciary – Courts operate independently from political influence.

Three areas needing improvement:

• Political polarization – Deep partisan divides affect governance.

• Campaign finance reform – Money plays a significant role in elections, raising concerns about fairness.

• Equal access to justice – Many people struggle with legal costs and systemic inequities.

10. What is common law based upon?

Common law is based on judicial precedents and past court decisions rather than written statutes. Courts look at previous rulings to determine how laws should be applied in similar cases.

11. What two types of law fall under common law?

1. Criminal Law – Deals with offenses against the state, such as theft or murder.

2. Civil Law – Handles disputes between individuals, such as contract violations or property disputes.

12. What are canons of a lawyer?

Canons of a lawyer are ethical rules that guide attorneys in their profession. They include:

• Confidentiality – Lawyers must protect client information.

• Avoiding conflicts of interest – Attorneys must not represent conflicting parties.

• Upholding justice – Lawyers must act with honesty and integrity.

13. What types of courts exist, and what are their differences?

• Trial Courts – Determine facts and apply law (e.g., district courts).

• Appellate Courts – Review lower court rulings for legal errors.

• Federal Courts – Handle federal law violations.

• State Courts – Handle state law violations.

14. What is the difference between a misdemeanor and a felony?

• Misdemeanor: Less serious crime (e.g., petty theft, trespassing) punishable by up to one year in jail.

• Felony: More serious crime (e.g., murder, armed robbery) punishable by more than one year in prison.

15. Why would someone prefer a judge over a jury?

• Complex legal issues – A judge may better understand technicalities.

• Avoiding jury bias – Some cases involve emotionally charged issues.

• Faster resolution – Jury trials can be longer and more expensive.

16. Why are laws difficult to write, and what makes a good law?

• Difficult to write due to different interpretations, social impact, and enforcement challenges.

• Good laws are clear, enforceable, and fair.

17. Difference between state and federal crimes? Give 3 examples of each.

State crimes: Burglary, DUI, domestic violence.

Federal crimes: Tax evasion, terrorism, drug trafficking.

18. Settlement vs. Plea Bargain

• Settlement – Civil case resolution without trial.

• Plea bargain – Criminal case agreement for reduced sentence.

19. How to become a lawyer?

1. Earn a bachelor’s degree

2. Pass the LSAT

3. Complete law school

4. Pass the bar exam

5. Take an oath to uphold the law

20. Who holds the burden of proof in a criminal case?

The prosecution must prove guilt beyond a reasonable doubt because the defendant is presumed innocent.