Bar exam study flashcards !
due process
The concept that the government must follow clear rules and act reasonably as it carries out the law
definition of the bill of rights
A formal listing of the basic rights of people in the united states
what is the definition of a defendant
A person who is required to defend themselves in a legal action. An example of this is an accused person who is being put n trial for a crime
what is the meaning of double jeopardy
putting a person on trial more than once for the same crime
meaning of constitution
the principles, structures, and laws of a government
self incrimination
giving testimony that can be used against oneself
checks and balances
a system in which the different branches of governmental check each other to make sure that one branch does not become too powerfull
warrant
an order from a judge that authorizes police or other officials to take a specific action, such as searching someone’s property
precedent
a legal principle developed by the courts and refers to the decision made that will serve for the future
articles of confederation
the first constitution of the usa
northwest ordinance
The northwest ordinance was a land agreement that created the northwest territory letting the united states expand into the great lakes area and it told the territories how to become a state
the great compromise
An agreement between delegates at the Constitutional Convention to balance large and small states’ power by creating two houses. The House of Representatives is based on population, which helps large states. The Senate allows two representatives from each state, which helps small states
the 3/5th compromise
The event determined that 3 out of every 5 slaves was counted when determining a state’s total population for legislative representation and taxation
electoral college
The body of the elector chosen from each state to elect the president and vice president of the united states
ratification
Sign or give formal consent to a treaty, contract, or agreement making it officially valid
legislative branch
The legislative branch is made up of the house and senate known as congress
executive branch
The executive branch carries out the nation’s laws and policies
judicial branch
The judicial branch is part of the government that holds the power to interpret laws to find out what they mean and ensure they are constitutional
preamble
the beginning of the constitution, starting with “we the people” and setting the goals for the constitution
popular sovereignty
A government in which the people rule
federallism
A system of government in which power is divided between the states and the national government
separation of powers
The powers are separated between the state and national government
majority rule
the principle that the greater number should exercise more power
amendment
A minor change or addition designed to improve a text piece of legislation etc
amendment process
A process of altering or amending a law or document by parliament or constitutional procedure
constitutional convention
A meeting of state delegates in 1787 for Philadelphia called to revise the articles of confederation
who wrote the bill of rights?
James madison
who is the father of the constitution
James madison
why did American leaders decide to hold a constitutional government?
The point of the event was to decide how America was going to be governed
what fears did American leaders and the people have about the new constitution?
They fear that the national government would be too powerful and threaten individual liberties
1st amendment
There is no law that will be related to religion but you have the freedom of religion speech petition and press
2nd amendment
You have the right to own a gun for the security of your home
3rd amendment
You don’t have to let someone in your home if I wanted but if wanted you may invite them in
4th amendment
you have a right to say no to unreasonable searches and seizures against the law if they don’t have a warrant that has been given with permission from a judge
5th amendment
The right to remain silent when being arrested and in court. you can’t be tried twice for the same crime. you have the right to a grand jury. the judge cannot assume at first you are guilty. the government must give you an equal exchange for your property
6th amendment
The right to a public trial. the right to speedy trial .right to a partial judge. the right for the defendant to get an attorney
7th amendment
Protect the citizen’s civil cases can be heard and decided upon by a jury of their peers
8th amendment
The 8th Amendment prohibits cruel and unusual punishments but also mentions excessive finds and bail
9th amendment
all rights not listed in the Constitution belong to the people.
10th amendment
The states have all rights not specifically forbidden or not given to the federal government by the constitution. for example, the state of Missouri can regulate its own school system but it cannot declare war on France
