Civics Definitions

Civics Definitions: Civil Law: Laws pertaining to how people interact with each other. Criminal Law: Pertaining to criminal activities tried by the government. Defenses for Murder: Necessity arises where a defendant is forced by circumstances to transgress the criminal law. The generally accepted position is that necessity cannot be a defence to a criminal charge. Utility: kill a lot to save a few Self defence: Acted to save self, to be considered reaction must be proportionate to what caused it. Acted on orders Precedent: Using a previous case decision to help decide a new case. Stare Decisis: the legal principle by which judges are obliged to obey the precedents established by prior decisions. Common Law: law made in court rather than legislature. John Locke: government with the consent of the governed, state of nature, rights of life, liberty and property. Natural rights Human Rights: basic rights and freedoms to which all humans are entitled. Life liberty, freedom of expression, equality before the law, economic social and cultural rights. Jurisdiction: Defined area of responsibility of a decision making legal body or political leader. Statute: written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive branch or common law of the judiciary). Statutes are enacted in response to a perceived need to clarify the functioning of government, improve civil order, to codify existing law, or for an individual or company to obtain special treatment. Act: a statute enacted by government Ordinance: A local Law Natural Rights: Rights that a person is born with and cannot be taken away Civil Rights: See bill of rights Political Rights: Right to be politically independent, to vote

Classical Republican Theory: Profusion of factions causes power to spread rather than coagulate within one group and give it too much power. Works best with homogenous groups. Baron de Montequieu: famous for his articulation of the theory of separation of powers, taken for granted in modern discussions of government and implemented in many constitutions throughout the world. James Madison: father of the constitution, wrote in federalist papers. Responsible for bill of rights, believed that gov needed checks and balances. Autocracy: government controlled by a self-appointed ruler Oligarchy: government ruled by small elite section of society Democracy: rulers are democratically elected Voir Dire questions: used to select jury, determine if there is a tendency to rule in one way or another beforehand. Preemptory challenge: Either side can remove a limited number of the jury without explainable cause. Dual federalism: tension between state and fed. Each supreme in its sphere of influence Cooperative federalism: state and fed work together to accomplish similar goals Cases: US v Holmes: Sailors on sinking ship throw people overboard. One charged with murder. Schenk v US: Schenk distributed leaflets opposing draft. founded clear and present danger rule Brandenburg v ohio: gov. cannot punish inflammatory speech unless it is inciting lawless action. McCulloch v. Maryland: • Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government. • State action may not impede valid constitutional exercises of power by the Federal government. Katzenbach v. McClung: Ruled that under the commerce clause, racial discrimination was a burden to interstate commerce. U.S. v. Lopez: set limits to the commerce clause in the constitution. (Gun free act ) Suitum v.Tahoe Planning Agency: just compensation for land rights taken. Ruled in favor of gov.

Stenberg v. Carhart: dealt with Nebraska law banning third trimester abortions. Struck down for violating due process law. DeShaney v. Winnebago: child abuse agency charged in civil case for not intervening. Ruled in favor of agency, can’t be sued for inadequate performance of job. The 14th amendment is intended to protect from government violating that right. County Brentwood v.Tennessee Sec. Schools Assn.: Tennessee could limit right to free speech because the schools all agreed to follow the rules. Univ. of Alabama v. Garrett: ruled in favor of university, because not enough evidence. Also ruled that garret was able to sue because equal rights for disabilities act overrides prohibition of civil cases against government organizations. Printz v. U.S.: established the unconstitutionality of certain interim provisions of the Brady Handgun Violence Prevention Act. Could not require law enforcement officers to do what was initially only assigned to volunteers. Schechter Poultry Corp. v. U.S.: invalidated regulations of the poultry industry according to the nondelegation doctrine and as an invalid use of Congress's power under the commerce clause. Wickard v. Filburn (1942): Ruled that interstate, non-commercial actions could be regulated by Congress if the aggregated actions of many others in combination would have a significant impact on interstate commerce. Tinker v. Des Moines (1969): Schools could limit free speech if they could present a viable reason to do so. Amendments: 1: speech, religion, assembly, petition 2: militia, right to bear arms 3:protection from quartering troops 4:search and seizure 5:due process, double jeopardy, self-incrimination, eminent domain. 6:trial by jury, rights of accused, confrontation clause, speedy trial, public trial, right to counsel 7:civil trial by jurt 8:excessive bail, cruel and unusual punishment 9:protection of rights not specifically enumerated in the bill of rights 10:powers of states and people 13: abolishes slavery 14: made important decisions about civil rights, immigration, and personal liberties. 15:right to vote regardless of race 19:women’s right to vote

24:no poll tax 26:lowers voting age from 21 to 18 Qualifications for Presidency: The person must be 35 years of age or older, a natural born citizen of the United States and must have been a permanent resident in the United States for 14 years or longer. Congress: A Senator must be at least 30 years of age, must have been a citizen of the United States for at least nine years prior to being elected, and must reside in the State he/she will represent at the time of winning election. A representative must be twenty-five years old and an inhabitant of the state in which they are elected, and must have been a Citizen of the United States for the previous seven years Impeachment: senate tries Judicial Activism: when judicial rulings impose personal biased interpretations Judicial restraint: asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. It is sometimes regarded as the opposite of judicial activism.