Ch. 3 Vocab

Common Law: a common law system was developed in England by the thirteenth century. Common law was judge-made law. That is, it was law created by judges as they heard cases and settled disputes. pg.373
Henry II: English king (1154-1189) of referred to as the "father of the common law." pg. 379
Ranulf de Ganvill: Henry II's chief justice, who wrote a book detailing the transition from substantive irrationality decision making to legal decision making in common law. pg. 386
Magna Carta: the "Great Charter" of 1215, limiting the power of the English sovereign and asserting certain rights on the part of the barons. pg. 382
Henry de Braction: English judge who compiled judicial rulings to show how precedent may guide future rulings; he is often referred to as the father of case law. pg. 379
Stare Decisis: the legal basis for adhering to precedent: "Let the decision stand." pg. 388
Ratio Decidendi: the legal principle on which a case is decided. pg. 386
William Blackstone: English judge and philosopher whose Commentaries on the Laws of England organized common law into the structure it has today. pg. 390
Obiter Dicta: statements in a court's decision made in support of the ratio decidendi but which do not establish precedent. pg. 383
Constitution: a document that legalizes the existing political order and legitimizes its ideology, provides a framework for the administration of government, regulates social and institutional behavior, and enumerates national goals and aspirations. pg. 374
Criminal Law: the body of law that regulates conduct and provides penalties (including fines and imprisonment) to be imposed on those who violate the laws; sometimes referred to as the criminal code or penal code. pg. 375
Articles of Confederation: the 1781 document that was the first attempt at creating a unified United States. pg. 372
Habeas Corpus: a document challenging the legality of a person's detention. pg. 379
Bills of Attainder: legislation imposing punishment without trial. pg.372
Ex Post Facto: criminalizing an act already completed but no previously forbidden by the penal law. pg. 377
Bill of Rights: the first 10 Ammendments to the U.S. Constitution. pg. 373
First Ammendment: Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abidging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. pg. 62. It states the principles of freedom of religion, press, speech, and assembly.
Second Ammendment: A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall no be infringed. pg. 63. It states that people have the right to defend themselves and own weapons.
Third Ammendment: No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in any time of war, but in a manner to be prescribed by law. pg. 64. It states that the military can't force people to let them stay in people's homes.
Fourth Ammendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall no be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to seized. pg. 64. It says that the law enforcement or government can't search your home or seize your property without a warrant that was issued because of probable cause you did something against the law.
Fifth Ammendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual sevice in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. pg. 65.
Grand Jury: a group of citizens who listen to the case presented by a prosecutor and determine whether there is sufficient evidence to grant an indictment. pg. 379
Indictment: a document formally charging the defendant with a crime handed down by a grand jury after hearing the evidence presented by the prosecutor. pg. 380
Information: a substitute for an indictment in which charges against a defendant are filed directly with the court by the prosecutor, thus bypassing the grand jury. pg. 380
Double Jeopardy: the legal principle that states a jurisdiction may not (1) prosecute someone again for the same crime after the person ha s been acquitted, (2) prosecute someone again for the same crime after the person has been convicted, and (3) punish someone twice for the same offense. pg. 376
Mistrial: a situation in which a trial is terminated because of a legal error that occurs during a trial that unfairly prejudices the defendant. A new trial may be held at a later date. pg. 382
Hung Jury: a situation that occurs when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity. pg. 379
Acquittal: an acquittal or "not guilty" decision means that the state was unable to meet the high burden of proof necessary for a conviction. pg. 371
Dual Sovereignty Doctrine: under the dual sovereignty doctrine, a person can be prosecuted in both federal and state court for the same offense or in the courts of different states for the same offense if certain circumstances surrounding the offense occurred in more than one state. pg. 376 Miranda Warnings: warning given by police to arrested suspects, informing them of both the privilege against self-incrimination and the right to counsel. Evidence obtained by the police during a custodial investigation of a suspect could not be used at trial unless the suspect first was informed of these rights. pg. 382
Eminent Domain: the right and power of government to take private property with just compensation, for public purposes. pg. 377
Sixth Ammendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. pg. 67.
Seventh Ammendment: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. pg. 68-69.
Eighth Ammendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. pg. 69
Ninth Ammendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The rights provided in the Bill of Rights should not be taken as the only rights that citizens have-they are merely some of the rights retained by the people. pg. 69
Tenth Ammendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the United States, are reserved to the States respectively, or to the people. It states that the rights not delegated to the federal government by the Constitution are reserved for the states or individual citizens. pg. 70
Reconstruction Ammendments: Ammendments passed after the Civil War that were intended to protect the recently freed slaves. These Ammendments include the 13th, 14th, and 15th Ammendments. pg. 70
Thirteenth Ammendment: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation. pg. 71
Fourteenth Ammendment: All persons born, or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. pg. 71
Suspect Classification: An unconstitutional distinction made between individuals on the basis of race, religion, or national origin in a law or policy. Means that the state cannot enact or enforce laws aimed at restricting the rights of so-called suspect classifications, which are groups of people who historically have been ill-treated. pg. 388
Fundamental Rights: Rights that the Supreme Court has determined are "essential to the concept of ordered liberty." pg. 378
Strict Scrutiny: A rigorous standard of review exercised by the courts for cases involving legislation curtailing fundamental rights or a suspect classification. pg. 388
Intermediate Scrutiny: A level of review developed by the Supreme Court to review governmental actions that may affect an individual's constitutional rights. The test is whether a law is "substantially related to an important government purpose." pg. 380
Rational Basis Test: A less restrictive basis for judicial review used when neither a fundamental right nor a suspect classification is implicated in enacted legislation. Legislation must have a rational basis. pg. 386
Substantive Due Process: A constitutional principle that holds that in addition to procedural rights the law must protect substantive rights, such as the right to possess or to say or do certain things. pg. 388
Incorporation: The Fourteenth Ammendment says that no state shall deprive a person of life, liberty, or property without "due process of law", as prohibiting states from abridging certain individual rights. Many of these rights are are included in the Bill of Rights, hence these rights were included (or incorporated) in the definition of due process. pg. 75
Total Incorporation: Under the total incorporation approach, the due process clause of the Fourteenth Ammendment made the entire Bill of Rights applicable to the states. pg. 389
Total Incorporation Plus: Under the total incorporation plus approach, the due process clause of the Fourteenth Ammendment includes all of the Bill of Rights and, includes other rights not specified in it. pg. 389
Selective Incorporation: A piecemeal evolutionary approach to incorporation. pg. 387
Judicial Review: The power of the courts to examine a law to determine whether it is constitutional. pg. 381