Law and Society (semester 1 FINAL)

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193 Terms
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First Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
Second Amendment
Right to bear arms
Third Amendment
The government may not house soldiers in private homes without consent of the owner
Fourth Amendment
Protects against unreasonable search and seizure
Fifth Amendment

no self-incrimination (right to remain silent)

Sixth Amendment

right to a lawyer, an impartial jury, and a speedy trial - due process of the law - fair procedures

Seventh Amendment
Right to a jury trial in civil cases
Eighth Amendment
No cruel and unusual punishment
Ninth Amendment
the right to more rights than are written in the constitution
Tenth Amendment
powers not reserved to the federal government falls to the people and states
Fourteenth Amendment
equal protection of the law for all citizens
Judicial Review
the power to review the constitutionality of acts of Congress and to invalidate those that it determines to be unconstitutional
Montesquieu's enlightenment idea
Seperation of powers and a set of checks and balances within the branches
an assembly of people with the authority to make laws for a political unity
Statute (generally)
a written law passed by a legislative body
the territory or sphere of activity over which the legal authority of a court or other institution extends
Federal Statute
a law enacted by congress
State Statute
a law enacted by the legislative branch
a political and administrative division of a state
(of a city, company, university, or other body) founded or having its rights and privileges established
Common Law Definition of Burglary
The breaking and entering of a dwelling house of another at night with the intent to commit a felony therein
a system of government by one person with absolute power (totalitarian, dictatorship, etc)
form of government in which a few people have the power
A political system in which the supreme power lies in a body of citizens who can elect people to represent them
a form of government with a monarch at the head (king, queen)
Divine Right
Belief that a rulers authority comes directly from god.
Constitutional Monarchy
A King or Queen is the official head of state but power is limited by a constitution.
Direct Democracy
A form of government in which citizens rule directly and not through representatives
A form of government in which citizens choose their leaders by voting
Common Good
benefits the majority of people
Balance of Power
no one branch has more power than another
Mayflower Compact
A legal contract in which they agreed to have fair laws to protect the general good
John Winthrop
Puritan leader who became the first governor of the Massachusetts Bay Colony
Fundamental Orders of Connecticut
first written constitution in the English colonies
Iroquois Confederacy
a group of Native American nations in eastern North America joined together under one general government
Civic Virtue
Willingness on the part of citizens to sacrifice personal self-interest for the public good. Deemed a necessary component of a successful republic.
U.S. v McVeigh
Someone bombed a federal building and was convicted of the crime having killed 168 people. 3,000 documents were not given to the defense. A retrial was granted, but the defense turned it down.
Case of the Unclear Law
a law was made for no vehicles allowed in the park, but it did not specify as to the circumstances of "vehicles" such as wheelchairs, bicycles, scooters, golf carts, etc
The Case of the Shipwrecked Sailors
-3 shipwrecked sailors: Dudley (navigator), Stephens (doctor, only 30 days to live), and Brooks
Marbury v Madison
This case establishes the Supreme Court's power of Judicial Review
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
Texas v. Johnson
A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
Dred Scott
United States slave who sued for liberty after living in a non-slave state
Brown v. Board of Education (1954)
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Plessy v. Ferguson
a 1896 Supreme Court decision which legalized state ordered segregation so long as the different facilities were equal to each other
Obergefell v. Hodges
States obligated to recognize same-sex marriage from other states.
Tinker v. Des Moines
U.S. Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school


The Supreme court ruled that the law that "gave police the power to ask for the ID if there was reasonable suspicion that a law had been violated", was too vague, and needed to be changed. based off the case of a man refusing to present ID after constantly walking around

Frank Schaefer

officiated his son’s same-sex wedding - important gay equality case

Gideon v Wainwright

overturned Betts v Brady - Gideon was denied a court appointed attorney, this case set precedent as insuring the 6th amendment

Nixon v U.S.

Nixon was impeached by the Senate for having lied to the Grand Jury, he then argued that this was unconstitutional but the fact that in the constitution it is stated that all impeachment trials are up to the Senate to deal - unanimously voted in favor of the US

Judicial Review

The power of the courts to declare laws unconstitutional - they can review something even with existing precedent (Marbury v Madison)

A group of people who have the power to make laws
limitations or restrictions on the activities of a business or individual
Precedent (stare decisis)
a legal norm established in court cases that is then applied to future cases dealing with the same legal questions
Creation of Laws
A proposed law is called a "bill "
Forms of Law and Regulations
civil law, federal criminal law, constitution, state laws, and local laws
Civil Court
People v People
Criminal Court
People v Society
State Jurisdiction
State courts have jurisdiction in cases that do not fall exclusively within the jurisdiction of the federal courts.
Federal Jurisdiction
Jurisdiction given to federal courts in cases that are more serious to the safety of the country, laws broken on the federal level
Supreme Court
the highest federal court in the United States
Supreme Court Function
decide on a case after deciding to hear it and then vote and hear more and then decide after if they'll take it or not
Supreme Court Role in the Government
part of the judicial branch
Justice Nomination
nominated by the President and then majority voted in by the Senate
Social Engineering
implementing solutions and curing ills more rapidly, rather than waiting for it to naturally happen
Magna Carta
a document constituting a fundamental guarantee of rights and privileges (holds monarchs accountable/ they are not above the law)
Petition of Right
a major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing.
English Bill of Rights
document that gave England a government based on a system of laws and a freely elected parliament
Paradigm Shift
shift of ideals at the beginning
Social Contract
An agreement between the people and their government signifying their consent to be governed
Consent of the Governed
People are the source of any and all governmental power
Collective Rights
when sacrifices are made to benefit the whole
Special Master
a third party expert
Executive Privilege
The President has the right to keep secret their own thoughts from the public to protect their freedom of thought
Attorney-Client Privilege
right of individual to have discussions with his/her attorney kept private and confidential
a guide/example to the current proceedings that are similar which will, in turn, connect the outcomes
an application to a higher court for a decision to be reversed
Error of Law
a mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed
Federal Question
A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
Diversity of Citizenship
The condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.

1st Degree Murder

taking a life with premeditation, deliberation and malice; 25-life in prison

2nd degree murder

voluntarily taking a life without premeditation; 15-life in prison

Voluntary Manslaughter

voluntarily taking another person’s life without premeditation and with “mitigating circumstances”; 2.4, or 6 years in state prison

Involuntary Manslaughter

(an exception to murder) Taking another person’s life through reckless behavior or action (not involving a car); 2, 3, or 4 years in state prison

Negligent Homicide

due to reckless behavior

Felony Murder

killing while committing a felony, usually considered 1st degree


paying for sex

Plea Bargain

The defendant will say that they are guilty for a lesser sentence - sometimes they also may have to give evidence or testify as part of the plea deal

Grand Jury

a group of people who vote not on the guilt of the accused, but if the evidence is sufficient to bring charges against them - prosecutor brings evidence, the grand jury then decides if it’s sufficient

Juris Prudence

The idea of law

Ex post facto

New laws cannot apply to people who did something before that law was passed

Habeas Corpus

Asking whether a detention of someone is legal and allowed

Due Process

A state must respect all legal rights of all parties and citizens


A written order to bring someone into court to testify

willful and malicious burning of a person's property
malicious mischief, willful destruction of, or damage to, the property of another


unlawful and maliciously depriving another person (or rendering useless) a part of their body


offering to someone as a genuine document known to be fake


an agreement between two or more persons (including some positive steps) to commit a crime

the unlawful taking away of another person's property with the intent never to return it
unlawful taking of property by someone to whom it was entrusted
the unlawful taking of property from a person's immediate possession by force or intimidation
(blackmail) the making of threats for the purpose of obtaining money or property
Breaking and entering a building with the intention of committing a crime
a person falsely makes or alters a writing or document with intent to defraud
Receiving Stolen Property
receiving or buying property that is known or reasonably believed to be stolen
Any criminal action perpetrated primarily through the use of a computer
Actus Reus
the act itself; actual behavior, not simply thoughts
Mens Rea
guilty state of mind
the reason someone commits a crime
the person intended or meant to commit a crime
immediate danger of unlawful attack allows a person to ward off attack by use of "reasonable force"
when presented with a choice of evils, such a criminal acts are necessary for self-preservation
Duress and Coercion
(not a defense to homicide) the defendant could not have done otherwise w/o the expectation of imminent bodily harm
children 7-14 are considered in capable of crime "could not tell right from wrong"
although ignorance of the law is usually no excuse it is defensible if you make the _________ of fact
voluntary intoxication is not a defense, but some crimes require "specific intent" intoxication mitigates intent
a person was induced or persuaded to commit the crime by a law enforcement officer

Insanity Defense

someone doesn’t know that what they’re doing is wrong because they aren’t mentally capable of understanding why what they did was wrong


Some type of evidence that shows that someone wasn’t in the place they were alleged to be, or that they cannot have been in a spot that they are accused to have been at

Justifiable Defenses

Any argument that someone shouldn’t be considered guilty not because they didn’t commit the crime, but because they had a reason to not be considered at fault

(sentencing) fine
pay the court money
pay back the loss or injury that occured
Suspended Sentence
a sentence is given that is not required to be served unless a law or parole is violated
Community Service
the performance of a specified number of hours of community service (amount is set by a judge)
Misdemeanors (incarceration)
Felony (incarceration)
released into the world, but you must follow certain rules
Work Release
released to work, but must return to jail (everyday or weekends, depending on work hours)
Combined Sentence
period of confinement followed by probation
spending time in prison/jail
definite sentence
a specific number of years served set by the court
indeterminate sentence
set as a minimum and maximum "not less than 2 years, but no more than 8 years"
Indefinite Sentencing
might be minimum and maximum but early release possible with parole
Mandatory Sentencing
set by the legislature with no change
Just punishment
'revenge for their wrongdoing'
having sentences hinders people from wanting to commit crimes
spending time in prison
Which is higher? Federal Law or Federal Agencies
Federal Law
Which is higher? State Law or County
State Law
Which is higher? Federal Law or Constitution
An error of Law appeal from CA Superior Court to _________
CA/State Court of Appeals
A constitutional appeal from CA/State Court of Appeals to _______
Circuit Court