Supreme Court Cases
"You have the right to remain silent. Anything you say can and will be used against you in a court of law."
What is Miranda v. Arizona?
One of the 4 principles of our legal system; all persons are treated alike by the American court system.
What is "equal justice under law"?
The person bringing CIVIL charges against another person is known as this.
What is the plaintiff?
This is always the government's role in a criminal case.
What is prosecution?
This amendment protects against unreasonable searches and seizures.
What is the 4th Amendment?
States must provide a lawyer for all defendants in criminal cases, even if they can't afford to pay
What is Gideon v. Wainwright?
Laws created by a legislative body such as Congress, the Wyoming Legislature, or the Buffalo City Council
What is statutory law?
This is a set of voluntary promises that are enforceable by law.
What is a contract?
This is a very serious crime punishable by death or imprisonment for more than a year.
What is a felony?
Under this rule (found in the 5th Amendment!), a person cannot be tried twice for the same crime.
What is double jeopardy?
States only have to provide a lawyer to defendants in CAPITAL (death penalty) cases; was later overruled by Gideon v. Wainwright
What is Betts v. Brady?
Law created by judges as they resolve individual cases
What is common law?
In this procedure, parties to a lawsuit settle out of court with a neutral 3rd party who reviews both sides and determines a legally-binding settlement that both parties have agreed to abide by beforehand.
What is arbitration?
This is a group of citizens who hear evidence during a trial and decide upon the guilt or innocence of the defendant.
What is a petit (trial) jury?
The case of Mapp v. Ohio incorporated this rule, which states that any evidence found in an unreasonable search cannot be used at the trial against the defendant.
What is the exclusionary rule?
School officials do not need warrants or probable cause to search students or their property. They only need reasonable suspicion that a student has broken school rules.
What is New Jersey v. T.L.O.?
The type of due process that says the purpose (substance) of a law must be constitutional
What is substantive due process?
A court order forbidding a defendant to take or continue a certain action
What is an injunction?
This is a group of citizens who review evidence to determine if there's enough to put the accused person on trial
What is a grand jury?
This amendment guarantees protection from cruel and unusual punishment
What is the 8th Amendment?
You cannot be sentenced to death for a crime that you committed as a juvenile.
What is Roper v. Simmons?
One of the 4 principles of the American legal system; lawyers from opposing sides present their best case while the judge plays an impartial role
What is an adversary system of justice?
The goal in a civil case is to determine this, based on a preponderance of the evidence.
What is liability?
The vast majority (90%) of criminal cases are settled before trial using this method.
What is plea bargaining?
The right to remain silent and avoid self-incrimination is found in this amendment.
What is the 5th Amendment?