Chapter 1 Vocab Flashcards
(21 cards)
Reservation
A legal way of making a provision less enforceable then it might otherwise be.
Human Rights
Basic privileges a person has as a human being.
Criminal Laws
The branch of law dealing with crimes and their punishment.
Felonies
A serious criminal offense punishable by a prison sentence of more than one year.
Misdemeanor
A criminal offense, less serious than a felony, punishment by a prison sentence of one year or less.
Civil Laws
All laws that does not involve criminal matters, such as tort and contract law. Civil law usually deals with private rights of individuals, groups, or businesses.
Civil Action
A non-criminal lawsuit, brought to enforce a right or redress a wrong.
Defendant
The person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime.
Plaintiff
In a civil case, the injured party who brings legal action against the alleged wrongdoer.
Prosecutor
The state or federal government’s attorney in a criminal case.
Beyond a reasonable doubt
The level of proof required to convict a person of a crime. It does not mean “convinced 100%”, but does mean there are no reasonable doubts as to guilt.
Preponderance
Usually the standard of proof used in a civil suit; the burden of proof that the party must meet in order to win this lawsuit. To win, a party must provide evidence that is more convincing than the other side’s evidence.
Limited Goverment
A basic principle of our constitutional system. It limits government to power provided to it by the people.
Separation of Powers
The division of power among the branches of government (executive, legislative, judicial)
Statutes
Written laws and enacted by legislators.
Checks and Balances
The power of each of the three branches of government (legislative, executive, judicial) to limit the other branches power, so as to prevent an abuse.
Veto
Prohibit; in government, the veto is the power of a chief executive to prevent enactment of a bill.
Judicial Review
The process by which court decide whether the laws passed by Congress or state legislators are constitutional.
Unconstitutional
Conflicting with some provisions of the Constitution.
Bill of Rights
The first 10 amendments to the Constitution, which guarantee basic individual rights to all persons in the US
Federalism
The division of powers between the states and the federal government.
