Key Vocabulary 1
To __________ something is to make minor changes in order to make it fairer, more accurate, or more up-to-date
amend
What are the rights that all people have simply because they are human beings?
Human Rights
This protects against unreasonable searches and seizures
The 4th Amendment
All powers not given to the Federal government are given to ____________________
The states
The organization that licenses lawyers
Bar associations
Written laws are also known as this
Statutes
When something is __________, it means that it conflicts with the constitution.
unconstitutional
What rights are guaranteed in the 3rd amendment?
No quartering of soldiers
Who has the power to sign a bill into law or to veto a bill?
The President
What is the difference between a lawyer and an attorney?
Lawyer: someone who attended and graduated from law school
Attorney: a lawyer who has taken and passed the bar exam
This means the lawyer made serious errors that resulted in injury or loss for their clients
Malpractice
The person against whom a claim (either criminal or civil) is made
Defendant
This guarantees the right to trial by jury for civil cases
7th amendment
What are the 3 branches of government?
Executive, legislative, and judicial
When an attorney's license to practice law has been taken away because of illegal and unethical conduct, they are ______________
A __________ __________ ensures that the national government does not have full control of the people.
Limited government
The division of power among the branches of government is known as
The separation of powers
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
In your own words, what does this mean?
Rights in the Constitution cannot deny rights people already have
Congress is comprised of which two houses?
The House of Representatives and the Senate
What is the best way to find an experienced attorney?
Through the recommendation of someone who has a similar legal problem that was resolved to his or her satisfaction
This requires that the rules by which we are governed be known in advance and created through democratic processes
Rule of law
This is the level of proof required to convict a person of a crime.
Beyond a reasonable doubt
What are the two things that makes the Miranda warnings required for a defendant?
1. They are in custody (under arrest)
AND
2. They are being interrogated (asked questions about the crime)
What is the difference between a criminal and a civil case?
Criminal: "I am going to press charges" - someone brought to justice for injury to society
Civil: "I am going to sue you" - being sued for compensation (money)
What is the difference between a retainer and a contingency fee?
Retainer: a down payment for when a client hires an attorney
Contingency fee: the fee paid to an attorney based on a percentage of when a client is awarded or settles for