FINAL Flashcards
(61 cards)
Define Federalism
A system of government in which power is divided between a central authority and constituent political units.
Federalism is often characterized by a strong national government and weaker state governments.
What is Judicial Review?
The power of courts to assess whether a law is in compliance with the constitution.
Judicial review allows courts to invalidate laws and executive actions that contradict the Constitution.
What is a Grand Jury?
A group of citizens convened to determine whether there is enough evidence to indict a suspect.
Grand juries are often used in serious criminal cases.
What does the 4th Amendment protect against?
Unreasonable searches and seizures.
It requires law enforcement to obtain a search warrant based on probable cause.
What does the 5th Amendment ensure?
The right against self-incrimination and guarantees due process.
It also protects against double jeopardy.
What rights are provided by the 6th Amendment?
The right to a fair and speedy trial, an impartial jury, and the right to counsel.
It ensures defendants have the opportunity to confront witnesses.
What does the 8th Amendment prohibit?
Cruel and unusual punishment, and excessive bail.
This amendment aims to ensure humane treatment for individuals in the justice system.
What is the significance of the 14th Amendment?
It guarantees equal protection under the law and addresses citizenship rights.
It was crucial in the civil rights movement.
Define Concurring opinion
An opinion that agrees with the court’s decision but for different reasons.
Concurring opinions provide additional perspectives on the case.
Define Dissenting opinion
An opinion that disagrees with the court’s majority decision.
Dissenting opinions can influence future legal interpretations.
What is Arbitration?
A method of dispute resolution where a neutral third party makes a binding decision.
Arbitration is often used in contractual disputes.
What is Mediation?
A process in which a neutral third party helps disputing parties reach a mutually agreeable solution.
Mediation is non-binding and focuses on collaboration.
What is Negotiation?
A discussion aimed at reaching an agreement.
Negotiation can occur in various contexts, including legal and business settings.
What does Litigation refer to?
The process of taking legal action in court.
Litigation can involve civil or criminal cases.
What is Voir dire?
The process of questioning potential jurors to determine their suitability for a trial.
This process helps ensure an impartial jury.
What are Peremptory challenges?
The right to reject a certain number of potential jurors without stating a reason.
These challenges are limited in number.
What is Removal for cause?
The process of disqualifying a juror for a specific reason, such as bias.
This ensures the integrity of the jury.
Who are Supreme Court Justices?
Judges who serve on the highest court in the United States.
They are appointed by the President and confirmed by the Senate.
What does Preponderance of the evidence mean?
The standard of proof in civil cases, meaning more likely than not.
This standard is lower than ‘beyond a reasonable doubt.’
What does Beyond a reasonable doubt refer to?
The standard of proof required in criminal cases to secure a conviction.
It requires the jury to be almost certain of the defendant’s guilt.
List the Order of trial process.
- Jury selection
- Opening statements
- Witness testimony
- Closing arguments
- Jury deliberation
- Verdict
The order may vary slightly based on jurisdiction.
What are Leading questions?
Questions that suggest their own answer or contain the information the examiner is seeking.
Leading questions are typically not allowed in direct examination.
Define Intent in legal terms.
The purpose or goal behind an individual’s actions.
Intent is crucial in determining the severity of a crime.
What are Mitigating circumstances?
Factors that may reduce the severity of a sentence.
Examples include lack of prior criminal history or mental health issues.
