Mott Social Studies Exam Review
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22 terms
Terms | Definitions |
|---|---|
 Federalism | The division of governmental power, as expressed in the United States Constitution, between the national government and the fifty states. |
| Separation of Powers | The division of a government's judicial, legislative and executive powers into three separate branches. |
| Sovereignty | The authority of a nation-state's right to rule itself. |
| Articles of Confederation | The first Constitution of the United States, asopted by the original 13 colonies in 1781 and lasting until 1788 when the present Constitution was ratified. |
| Checks and Balances | A system in which political power is divided among the three branches of government, with each having some control over the others. |
| Amend | To change. |
| Constitution | A plan, often written, that details the functions, rules and principles, of a government. |
| Impeach | The formal procedure that a federal official is removed from office for misconduct. |
| Natural rights | The rights to life, liberty and property. (John Locke) |
| Popular Sovereignty | The fundamental principle that the power to govern belongs to the people and that government must be based on the consent of the governed. (John Locke) |
| Search warrant | A judge's order authorizing the search of a place or person and specifying what evidence can be seized. |
| Probable cause | The reasonable belief that a search of property will provide evidence in a criminal case. |
| Precedent | A judicial decision that is used as a standard in later similar cases. |
| Due process | The principle, guarenteed by the Constitution, that federal and state government must not deprive an individual of life, liberty or property by unfair or unreasonable actions. |
| Writ of Habeas Corpus | Literally, meaning "you shall have the body"; a court order that requires a judge to evaluate whether there is sufficient cause for keeping a person in jail. |
| Appeal | To bring to a higher court for revision. |
| Ex post facto | Literally, "after the fact"; a law, prohibited by the Constitution, that makes criminal an action that was legal when it was commited. |
| Double jeopardy | The act of bringing a person to trial a second time for the same crime. |
| Miranda rights | The Fifth Amendment rights - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
| Criminal law | The type of law dealing with crimes and providing for their punishment. |
| Plaintiff | A person who files suit in a civil case. |
| Defendant | One against whom a legal charge has been made. |
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