American Legal Heritage and Constitutional Law Flashcards
1st Amendment
Freedom of speech, press, religion, and assembly.
2nd Amendment
The right to bear arms.
4th Amendment
Freedom from unreasonable searches and seizures.
5th Amendment
Freedom from compulsory self-incrimination.
6th Amendment
Right to confront witnesses: right to assistance of legal counsel.
8th Amendment
Bail and fines cannot be excessive.
Outlaws “cruel and unusual punishment”
14th Amendment
Guarantees of the Bill of Rights must be applied at the state as well as the federal level.
“Equal protection under the law” - the Equal Protection Clause
Wrongs against society that are punishable by governmental action
Criminal law
Actions between private parties for “private” wrongs
Civil law
“By a preponderance of the evidence”
Civil burden of proof
“Beyond a reasonable doubt”
Criminal burden of proof
Created the Doctrine of Judicial Review
Marbury v. Madison
The Doctrine holds that “the power to declare statutes or executive actions unconstitutional rests solely with the Judiciary.”
This power is NOT expressly granted to the Judiciary in the Constitution.
Federal constitution, treaties, laws, and regulations are SUPREME.
Does NOT apply if states have the exclusive right to make substantive law (e.g. divorce law)
States have broad “police powers,” i.e., states enact laws to protect and promote public health, safety, and welfare
Supremacy Clause
Congress granted the exclusive power to regulate interstate commerce
Commerce Clause
Statutes and regulations must be clear on their face and cannot be overly broad
Substantive due process
-The “substance” of a statute or regulation
A person must be given notice and an opportunity to be heard before he can lose his liberty or his property
Procedural due process
-The procedure that needs to be followed
Government cannot enact laws that treat similarly situated persons differently
Equal Protection Clause
Law created by the courts
Case law
Principle that says the U.S. system of case law has to function in a way that makes sense/effectively - adherence to precedent
Stare decisis
Written law enacted by Congress or a state legislature
Statute
Written law set forth by a state or federal agency
Regulation
Law that creates and defines duties, rights, and obligations of individuals and the state
Substantive law - “substance”
Law that sets up the rules by which substantive law is enforced
Procedural law - “process/procedure”
Creates the Legislative Branch of the government, with the power to make the law
Article 1 of the U.S. Constitution
Creates the Executive Branch of the government, with the power to enforce the law
Article 2 of the U.S. Constitution
Creates the Judicial Branch of the government, with the power to interpret the law
Article 3 of the U.S. Constitution
A previously decided case that is used as authority to decide a later case
Precedent
Process by which statutes are arranged by topic
Codified law
Four sources of law
Constitutions, statutes, regulations, and cases
Fundamental law of a country or state
Constitution
Party with the burden of proof in a civil action
Plaintiff
Party with the burden of proof in a criminal action
Prosecution
