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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

Legislatures

an assembly of people with the authority to make laws for a political unity

Statute (generally)

a written law passed by a legislative body

Jurisdiction

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

County

a political and administrative division of a state

charter

(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

Autocracy

a system of government by one person with absolute power (totalitarian, dictatorship, etc)

Obligarchy

form of government in which a few people have the power

Democracy

A political system in which the supreme power lies in a body of citizens who can elect people to represent them

Monarchy

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

Republic

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

Kolender

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)

Legislature

A group of people who have the power to make laws

Regulations/Rules

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

Precedent

a guide/example to the current proceedings that are similar which will, in turn, connect the outcomes

Appeal

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

Prostitution

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

Subpoena

A written order to bring someone into court to testify

Arson

willful and malicious burning of a person's property

Vandalism

malicious mischief, willful destruction of, or damage to, the property of another

Mayhem

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

Uttering

offering to someone as a genuine document known to be fake

Conspiracy

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

Larceny

the unlawful taking away of another person's property with the intent never to return it

Embezzlement

unlawful taking of property by someone to whom it was entrusted

Robbery

the unlawful taking of property from a person's immediate possession by force or intimidation

Extortion

(blackmail) the making of threats for the purpose of obtaining money or property

Burglary

Breaking and entering a building with the intention of committing a crime

Forgery

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

Cybercrime

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

Motive

the reason someone commits a crime

Intent

the person intended or meant to commit a crime

Self-defense

immediate danger of unlawful attack allows a person to ward off attack by use of "reasonable force"

Necessity

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

Immaturity/Infancy

children 7-14 are considered in capable of crime "could not tell right from wrong"

Mistake

although ignorance of the law is usually no excuse it is defensible if you make the _________ of fact

Intoxication

voluntary intoxication is not a defense, but some crimes require "specific intent" intoxication mitigates intent

Entrapment

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

Alibi

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

Restitution

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)

jail

Felony (incarceration)

prison

Probation

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

Incarceration

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'

Deterrence

having sentences hinders people from wanting to commit crimes

Incapacitation

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

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