Unit 2 Terms

Question 1

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

Answer 1

Adversarial System

Question 2

innocent until proven guilty

Answer 2

Presumption of Innocence

Question 3

no other logical explanation can be derived from the facts except that the defendant committed the crime

Answer 3

Guilt Beyond Reasonable Doubt

Question 4

punishment should fit crime

Answer 4

Proportionality of Punishment

Question 5

using past precedents (court rulings) in future decisions

Answer 5

Stare Decisis

Question 6

law dealing with disputes between individuals

Answer 6

Civil Law

Question 7

order to act

Answer 7

writ of mandamus

Question 8

law dealing with breaking felony or misdemeanor codes

Answer 8

Criminal Law

Question 9

law dealing with balance of power and violation of guaranteed right

Answer 9

Constitutional Law

Question 10

opinion agreeing with majority but for different reason

Answer 10

concurring opinion

Question 11

opinion disagreeing with majority

Answer 11

dissenting opinion

Question 12

legal argument from a party not involved in suit

Answer 12

Amicus Curiae Brief

Question 13

unsigned, brief opinion

Answer 13

percuriam opinion

Question 14

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

Answer 14

writ of certiorari

Question 15

obscenity test used to define definition

Answer 15

Miller Test

Question 16

prohibits the establishment of a national religion by Congress and the preference by the U.S. government of one religion over another

Answer 16

Establishment Clause

Question 17

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

Answer 17

Free Exercise Clause

Question 18

test to deem state aid to religious institutions as constitutional

Answer 18

Lemon Test

Question 19

speech can be regulated when it presets danger to speaker and audience

Answer 19

Clear and Present Danger Test

Question 20

1st Amendment freedoms are fundamental an any law regulating them is unconstitutional

Answer 20

Preferred Position Doctrine

Question 21

if your words may start a riot/disturbance among the people, they are not permitted

Answer 21

Fighting Words Exception (to freedom of speech)

Question 22

government can’t regulate religiously-motivated conduct unless it proves rational basis for doing so

Answer 22

Rational Basis Test

Question 23

reporters can’t be held in contempt of Court for not disclosing sources

Answer 23

right to Confidentiality of Sources

Question 24

reporters can access certain public records guaranteed under Freedom of Information Act

Answer 24

right to know

Question 25

reporters can access public meetings, trials, etc…

Answer 25

right to access

Question 26

evidence obtained in absence of warrant is inadmissible in criminal proceedings

Answer 26

Exclusionary Rule

Question 27

evidence obtained with a warrant that was improperly issued is admissible as long as the officers were acting in good faith

Answer 27

Good Faith Exception

Question 28

belongings can be searched if there is…

Answer 28

Reasonable Suspicion

Question 29

provided equal access to extracurricular clubs in school

Answer 29

Equal Access Act

Question 30

prevents a state from treating citizens of other states in a discriminatory manner

Answer 30

Privileges and Immunities Clause (IV)

Question 31

legal requirement that the state must respect all of the legal rights that are owed to a person

Answer 31

Due Process (5th/14th)

Question 32

no state shall deny to any person within its jurisdiction the equal protection of the laws

Answer 32

Equal Protection Clause (14th)

Question 33

standard by which an officer can get a warrant

Answer 33

Probable Cause

Question 34

policies that take factors including “race, color, religion, sex, or national origin” into consideration in order to benefit an underrepresented group “in areas of employment, education, and business”

Answer 34

affirmative action

Question 35

process of applying Bill of Rights to states

Answer 35

selective incorporation