Unit 2 Terms Flashcards
(35 cards)
a legal system where two advocates represent their parties’ positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case
Adversarial System
innocent until proven guilty
Presumption of Innocence
no other logical explanation can be derived from the facts except that the defendant committed the crime
Guilt Beyond Reasonable Doubt
punishment should fit crime
Proportionality of Punishment
using past precedents (court rulings) in future decisions
Stare Decisis
law dealing with disputes between individuals
Civil Law
order to act
writ of mandamus
law dealing with breaking felony or misdemeanor codes
Criminal Law
law dealing with balance of power and violation of guaranteed right
Constitutional Law
opinion agreeing with majority but for different reason
concurring opinion
opinion disagreeing with majority
dissenting opinion
legal argument from a party not involved in suit
Amicus Curiae Brief
unsigned, brief opinion
percuriam opinion
an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities
writ of certiorari
obscenity test used to define definition
Miller Test
prohibits the establishment of a national religion by Congress and the preference by the U.S. government of one religion over another
Establishment Clause
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
Free Exercise Clause
test to deem state aid to religious institutions as constitutional
Lemon Test
speech can be regulated when it presets danger to speaker and audience
Clear and Present Danger Test
1st Amendment freedoms are fundamental an any law regulating them is unconstitutional
Preferred Position Doctrine
if your words may start a riot/disturbance among the people, they are not permitted
Fighting Words Exception (to freedom of speech)
government can’t regulate religiously-motivated conduct unless it proves rational basis for doing so
Rational Basis Test
reporters can’t be held in contempt of Court for not disclosing sources
right to Confidentiality of Sources
reporters can access certain public records guaranteed under Freedom of Information Act
right to know
