Glossary for M1 Students

 Key terms from the L2 Booklet

INTRODUCTION *Articles of Confederation:  the document (ratified in 1781, valid until replaced by the Constitution in 1788) first creating the United States of America as a weak confederation of the thirteen independent states. 

Boston Tea Party: Incident on Dec. 16, 1773, in which American patriots dressed as Indians threw 342 chests of tea from three British ships into Boston Harbour. Their leader was Samuel Adams. The action was taken to prevent the payment of a British-imposed tax on tea and to protest the British monopoly of the colonial tea trade authorized by the Tea Act. In retaliation, Parliament passed the punitive Intolerable Acts, which further united the colonies in their opposition to the British. (http://www.merriam-webster.com)

Charter: a written grant by the sovereign or legislative power of a country, by which a body such as a borough, company, or university is created or its rights and privileges defined. (http://oxforddictionaries.com)

*Checks and Balances: Principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power. Checks and balances are applied primarily in constitutional governments. They are of fundamental importance in tripartite governments, such as that of the U.S., that separate powers among legislative, executive, and judicial departments. Checks and balances, which modify the separation of powers, may operate under parliamentary systems through exercise of a parliament's prerogative to adopt a no-confidence vote against a government; the government, or cabinet, in turn, ordinarily may dissolve the parliament. In one-party political systems, informal checks and balances may operate when organs of an authoritarian or totalitarian regime compete for power. (http://www.merriam-webster.com)

“City upon a Hill”: A phrase from the bible used in 1630 in a sermon by John Winthrop on board the New England bound ship Arbella. Winthrop believed that the Puritans new home in North American would be watched by the world and would inspire people and other Puritans to follow their path.

debt: something owed or due

*Declaration of Independence:  the document adopted by representatives of the thirteen British colonies in America on July 4, 1776, proclaiming that those colonies were "free and independent states" (although this independence was not secured until the final battle of the American Revolution was won in 1781 and the Treaty of Paris was signed in 1783)

Dissenter(s): a person who does not or persons who do not conform to an established church; especially someone who does not conform to the Church of England. (http://www.merriam-webster.com)

*Federalist:  (from 1787) supporter of the doctrine in favor of a strong national government (as in the initial proposal for the U.S. Constitution, i.e., the Virginia Plan).

*Federalism: A political system that binds a group of states into a larger, noncentralised, superior state while allowing them to maintain their own political identities. Successful federal systems also have a sense of common nationality and direct lines of communication between the citizens and all the governments that serve them. (http://www.merriam-webster.com)

*Founding Fathers: The phrase refers to the of the leaders of  American War of Independence who fall into two main categories, the signatories of the Declaration of Independence in 1776  and the “framers” of the Constitution of the United States of America. The latter group includes all the delegates at the Constitutional Convention in 1787 who participated in drafting the constitution. The signatories of the Articles of Confederation are also considered to be Founding Fathers of the USA.

Framework:  basic structure or form

*Great Compromise:  agreement (applied in the U.S. Constitution) on representation of the states in the federal government, setting up a bicameral legislature to give the states equal representation in the upper house (Senate) and proportional representation according to population in the lower house (House of Representatives)

Indentured servant: a person who signs and is bound by a contract binding one person to work for another for a given period of time especially in return for payment of travel expenses and maintenance. Terms of servitude for passage to North America varied could range from one to seven year. (http://www.merriam-webster.com)

Representation: In politics, a method or process of enabling a constituency to influence legislation and government policy through deputies chosen by it. (http://www.merriam-webster.com)

*the Three-fifths Compromise: refers to Article 1, Section 2, Clause 3 of the US Constitution “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” This section of the constitution allowed for slaves and indentured servants to be counted as being three fifths of a free person when calculating the number of representatives a state could send to the House of Representatives.  It was superseded by the 14^th Amendment to the Constitution of the United Sates which was adopted on 9 July 1868.

*U. S. Constitution:  document (adopted at the Convention in 1787; put into effect in 1789) establishing the system of basic laws and principles founding the government of the U.S.A.; (formal name) the Constitution of the United States of America.

CONGRESS 

*bill:  proposed legislation. Bills are introduced, debated and amended by the legislative body before being passed – or not.

bill of attainder: a legislative act which punishes an individual or a group of people without judgment. This is forbidden by the Constitution.

charge: an accusation. v to charge.

to convict: to find guilty of a crime. n a conviction.

district: a geographical subdivision for administrative, judicial or electoral purposes, e.g., a congressional district.

*enumerated powers: the powers that belong to Congress.

ex post facto law: a law that criminalizes an act that was considered legal when committed. The Constitution does not allow Congress to pass ex post facto laws.

*filibuster:  refusing to stop speaking when you have the floor, in order to obstruct the passage of a bill.

habeas corpus: legal remedy against unlawful imprisonment or illegal police custody. First voted by the British Parliament in 1679, it requires a prisoner to be brought before a court.

*impeachment: see section two.

*implied powers: the non-enumerated powers Congress may use thanks to the necessary and proper clause.

legislature: a law-making body.

oath: a solemn promise to say the truth; to be under oath.

*override, overrode, overridden: to take precedence over, to be more important.

*pocket veto: see section seven.

*recess: the period between legislative sessions. Congress recesses during August and for federal holidays.

reserved powers: the powers which are not specifically mentioned in the Constitution. They are de facto part of the states’ prerogatives.

revenue bill:  a government budget proposal that has to be voted by the legislature.

*term: a fixed period of time.

*tie: a fifty-fifty vote.

 THE PRESIDENT 

* before a definition indicates it is a priority.

    *Administration (n.): in the US= the federal political executive, +/- the White House / the government

    *Advice and Consent (n.): procedure whereby the US Senate approves or disapproves of presidential executive and judicial nominations as well as of treaties signed by the President (by a two-thirds vote for treaties). !!! advice is a noun, the verb would be to advise à “to give one’s advice and consent” NOT to advice and consent 

    Agenda (n.): here, a list of bills or matters to be voted upon. In general, a list of things/matters to be done or acted upon !!! faux-ami # a diary=un agenda

    *Appoint (vb.): to assign to a position or office

    Bully pulpit (n.): a position of authority or public visibility, especially a political office, from which one may express one's views. A pulpit= a platform + to bully= to intimidate, browbeat

    Commander-in-chief (n.): the head of the US armed forces (a civilian)

    Concur (vb.): agree with. concurrence= noun + concurrent=adjective !!! faux-amis # competition, competitor…

    Convene (vb.): summon, convoke

    Eligibility (n.): when one meets the requirements to be chosen for…Here, when one is legally qualified to be elected or appointed to office

    *Enforce a law (vb.): put or keep in force

    Enumerated powers (cf. Congress)

    *Executive branch: the second of the three federal branches of the federal government to be listed in the Constitution. It is responsible, among other things, for executing the law, proposing policy and serving as the head of the US armed forces.

    *Executive Order (EO): an order having the force of law issued by the president of the U.S. to the army, navy, or another part of the executive branch of government.

    Executive Privilege: power sometimes claimed by presidents or members of the executive, which consists in refusing to disclose information (to Congress, the judiciary, etc.) if disclosure would impede the decision-making process and good functioning of the executive. The Supreme Court recognized the existence of such a right in US v. Nixon in 1974.

    Impeachment (n.): (cf. Congress)

    Implied/inherent powers (cf. Congress)

    *Nominate (vb.): suggest a candidate for a specific office/position

    Oversight (n.): supervision of, watching care oversee=verb à to have/exercise oversight NOT to oversight

    Pardon (n./vb.): release from punishment for an offense

    Presidency: cf. the executive branch

    Recess (cf. Congress) (n./vb.): when one house or both houses of Congress are not sitting/are on a break or vacation

    *Remove from office: This is the final outcome of the impeachment process. After a President has been impeached by a simple majority of the House of Representatives and convicted by 2/3 of the Senate, he/she can no longer serve the rest of his/her term.

    Reprieve (n./vb.): respite from an impending punishment

    *Signing Statement (n.): whenever the President signs a bill into law, he/she sometimes adds a statement to specify his/her understanding of the law and how it will be implemented. These are often controversial since they have sometimes been used to disrespect the will and intent of Congress.

    *State of the Union Speech (n.): an annual address delivered in Congress by the President at the beginning of a session (in January) to outline his/her legislative agenda and national priorities.

    Veto (cf. Congress) (n./vb.): oppose the passage of a bill (refuse to sign it into law)

THE ELECTORAL COLLEGE 

*Ballot (n.): A system or occasion of secret voting.

*Caucus (n.) / (pl.) caucuses: A meeting of party members in private homes or public gatherings to discuss the election campaign of their political party.

*Delegates (n.): Local party members who are chosen to represent their states at their party conventions and who cast their vote in favour of a candidate.

*Electors (n.): The members of the Electoral College.

*General election (n.): The election held every four years on the first Tuesday after the first Monday of November, when American citizens vote to elect the President and the Vice-President of the USA. Citizens do not vote for the ‘ticket’ directly, but for a slate of electors who in turn will vote for the candidate they have pledged to support.

*Mandate (n.): The authority of the candidate that wins an election to carry out a policy or course of action based on the manifesto presented to the electorate.

*Primaries / primary elections (open primaries ≠ closed primaries) (n.): A first step in the process of electing the President of the USA. Primaries are run by each party at state and local level.

*Swear someone in (v.): admit someone to a position or office by directing them to take a formal oath. The swearing-in ceremony / to be sworn into office as President and Vice-President of the USA. 

*Swing State (n.): A large state with a significant number of electors, which alternates between support for Democrats and Republicans and where the outcome of the election is difficult to predict.

*A “winner-take-all” electoral system: An electoral system whereby the candidate who gets the majority of votes in a state obtains the entire number of Electoral College votes of that state.

THE JUDICIAL BRANCH

Key words and expressions - Not listed are the names of the courts and the legal terms that may be rather easily understood and learned in context and through careful reading.

Be careful with uncountable nouns [U], which take neither "a/an" nor plural form.

acquittal n., the decision resulting from finding the accused "not guilty". The court thus acquits v. the defendant.

advisory opinion n. –  The adj. here comes from advice n.[U]. US courts do not give advice when there is no concrete case to decide.

appellant n., the person who appeals a court decision. Note the spelling.

appellee n., the person appealed against. To pronounce the word, put stress on the first and third syllables.

*appellate jurisdiction n.[U], authority to hear cases on appeal. The USSC and the US circuit courts have appellate jurisdiction

bring v.t. an action (against sb) – One could also say "take sb to court". The expression could be used for a civil or a criminal action, but for a criminal case "prosecute sb" is more commonly found.

claim n. – This word for a civil action suggests both a declaration and a demand. In a different context, pioneers traveled west in North America and made claims to the land on which they settled: they declared the right to own it.

concurrent jurisdiction n.[U] – Two courts or court systems with concurrent jurisdiction have equal authority to decide given cases. In other contexts, "concurrent" often means "existing or acting together", from concur v.i., which can also mean "agree".

defendant n. – The term can apply to the accused in a criminal trial or to the party against whom a civil action is brought.

*discretionary adj., left to one's choice or judgment. SC justices may grant or deny cert at their discretion n.

*diversity n.[U] of citizenship – the fact that parties in a civil suit are citizens (residents) of different states.   

error of law n. – A mistake made in interpreting or applying the law in a case does not call the facts of the case into question.

evidence n.[U] – Evidence is not quite the same as proof n.[U].  Each side in a case presents evidence in the hope that it will be considered factual proof by the jury or judge.

file v.t., submit and register (a legal document). Other definitions are quite different, as for the noun.

findings n. of facts – After both sides have presented evidence at trial, the jury chooses all the details it considers to be true and factual to determine the verdict. The results, what the jury has found to be true, are its findings.

judicial activism n.[U] - In relation to Article VI, this term would infer that a federal court decision interpreted the Supremacy Clause in a highly flexible manner, the contrary of say an "originalist" approach.

judicial restraint n.[U] - In relation to Article VI, this term would infer that a federal court decision interpreted the Supremacy Clause in a limited manner along the lines of an "originalist" approach.

*judicial review n.[U], (in the US system) examination by a court of an act of the legislative or executive branch (federal or state) to determine whether or not the act conforms to the US Constitution.

*judiciary n., judicial branch of government. Note that noun and adj. are different.

jurisdiction n.[U], judicial power or authority. A court has jurisdiction in defined areas.

justice n. – Referring to a person, the term is usually used for a judge of high rank.

lawsuit n., civil action. The term derives from "suit at law" and the verb "sue".

life tenure n.[U], the right to hold a position or office for life.

litigant n., party in a civil action.

litigation n.[U], legal conflict in court. This can refer to lawsuits in general or to the idea of one lawsuit, as in, "He is involved in litigation."

opinion n. – A SC decision is based on the opinion of the majority of justices. (cf. plurality, concurring, and dissenting opinions, also published.)

oral argument n. – Each side in a Supreme Court hearing is allowed 30 minutes to argue its case.

*original jurisdiction n.[U], the power of a court to hear (try) a case for the first time.

*petition n. for a writ of certiorari –formal letter submitted by a party (petitioner here), seeking review of its case byc asking the USSC to grant a writ (a kind of order) that would instruct the lower court to transmit the case..

plaintiff n., party that brings a civil action against another.

precedent n., rule of law (in a court decision) that must be followed by other courts under certain conditions.

respondent n. – This is the equivalent of the appellee in some circumstances, as in certiorari cases.

rule of four n. – the rule that the Supreme Court will grant a writ of certiorari only if four of the nine justices are in favor of hearing a case submitted by petition Another SC rule is that a quorum of six justices is required to render a decision.

*ruling n., judicial decision, judgment. A judge rules v., or judges rule, in a case.

subject-matter jurisdiction n.[U], a court's power or authority to hear certain types of cases.

sue v.t., bring an action against (sb).

*suit n., civil action, lawsuit.

*trial n., the process of examining and deciding a case at first instance in a court.

try v.t. a case – A civil or criminal case is tried, in the sense of being tested for the facts, when it is examined and decided by a court at first instance. In a criminal case only, it can also be said that court tries the defendant, that the accused is tried. Another verb is used more broadly (original and appellate jurisdiction): "A court hears a case."

 ARTICLE IV: INTERSTATE RELATIONS 

*court order – An official proclamation from a judge or panel of judges that requires or authorizes certain actions by one or more parties to a legal action.

custody – In family law, the legal relationship between guardian and child, in which the guardian has certain duties to care for the child and to make decisions on behalf of the child.

*doctrine – A legal doctrine is a set of rules, procedures or tests, established through precedent, which enable judges to reach decisions in certain kinds of related cases.

*extradition – The legal process by which one jurisdiction transfers an individual suspected or convicted of a crime to another jurisdiction.

*to flee/flight – To run away from a situation; in law, to attempt to escape from the authority of a legal jurisdiction by running away (an individual likely to do so would be considered a flight risk by the court).

*fugitive – A person who has fled a legal jurisdiction and is wanted by that jurisdiction.

*interstate – Referring to relations between sovereign entities. In the context of US constitutional law, this refers to relations between the federated states.

issue/to issue – Noun form: an important topic or problem; verb form: to formally put forward, declare or grant, as in a court order, official statement or license.

license (licence, British English)– Official permission to do, use or own something, as in driver’s license, gun license, marriage license.

*petition – In law, an application to a court requesting some form of judicial action.

*public policy – The actions taken by a state or public authority to achieve certain generally recognized ends. In law, the public policy doctrine refers to the set of social, moral and economic values that are the foundation of a society’s legal system.

public records – Official documents or pieces of information that are kept by official state agencies and made available to the public, i.e. not confidential.

*reserved powers – All those powers which have not been transferred to the federal state by the US Constitution and which therefore rest with the federated states.

settlement – An official agreement between parties intended to resolve a legal dispute or conflict.

*state interest – A matter of general public concern that must be addressed through law or public policy, often requiring balancing with individual rights.

ARTICLE 6 and the SUPREMACY CLAUSE

*arbitrate: to choose between two conflicting positions.

*bills of attainder: an act or a law that declares a person or a group of persons guilty of a specific crime and punishes them without a trial.

*Commerce Clause: Article I, Section 8 gives the United States Congress the power to regulate interstate commerce.

*doctrine of pre-emption: the practice by which federal laws preempt or take precedence over state laws.

*doctrine of dual federalism: a theory of federal constitutional law according to which governmental power is divided into two separate spheres, one belonging to the federal government of the United States while the other to each State. Each sphere is mutually equal, exclusive, and limiting upon the other sphere, and each entity is supreme within its own sphere.

*ex post facto laws: literally, "after the fact" ; refers to laws adopted after an act is committed, making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. Constitution, Article I, Section 9.

*Fletcher v. Peck: the 1810 United States Supreme Court decision that, through its interpretation of the Supremacy Clause and for the first time, applied judicial review to state laws.

*Marbury v. Madison: the 1803 United States Supreme Court decision that, through its interpretation of the Supremacy Clause and for the first time, established judicial review to federal laws.

*Supremacy Clause: Section 2 of Article VI declaring the United States Constitution as the supreme law of the land, and when State law conflicts with federal law, federal law prevails.

*Tenth Amendment: the last Amendment of the Bill of Rights, this Amendment declares that powers not granted to the federal government nor prohibited to the States by the Constitution are reserved to the States or the people.

THE U.S. LEGAL PROFESSION 

Admitted to practice – When an attorney is admitted to practice, he or she is licensed by the state or federal government to act as a lawyer in that jurisdiction.

*Boutique law firm – A boutique law firm is a group of lawyers that concentrate on one area of law.

Cross-examine – To cross-examine is to question a witness who was first called to the witness stand by the other side in a legal battle.

*Confidentiality – Ethical principle according to which any information disclosed by a client to his attorney is considered as privileged.

*Disbar/disbarment – To disbar a lawyer is to expel him or her from the legal profession, to forbid the lawyer to practice law. Disbarment is the act of expelling a lawyer from the bar.

Dissenting/dissent – A dissenting opinion, also known as a dissent, is an opinion in a case in which the author or authors disagree with the majority of judges.

*Fee – A fee is the amount of money charged by a professional person such as a lawyer.

*Full-service law firm – A firm that provides legal advice on a wide variety of legal issues and that differs from a boutique law firm, where lawyers concentrate on one area of law.

Graduate (v) – When a person graduates, he or she completes school or university courses successfully.

Graduate (n) – A graduate is a person who has completed school or university courses successfully.

Hallmark – A hallmark is a quality that is typical of a particular person or thing.

Hang up (v) a shingle – When a lawyer or other professional hangs up a shingle, he or she opens an office and begins a business.

Hearing – A hearing is a court session other than a trial that is held before a judge.

*In-house lawyer – An in-house lawyer is directly employed by a corporation or other company rather than by a private law firm.

Invidious discrimination – Invidious discrimination is offensive discrimination, or any discrimination that exists for no good reason.

Litigious (adj) – A litigious person or society has a tendency to engage in lawsuits.

Litigation – The act of settling disputes in court. Attorneys who fight in court are known as litigators.

*Management-side law firms – Firms that represent the companies and people who direct companies. They often oppose attorneys who represent employees.

Overlap/overlapping – When things overlap, they have parts that are the same.

*Practice area – A practice area is a particular field of law, e.g. criminal law, intellectual property law, corporate law, mergers & acquisitions.

Practice (v) law – To work professionally as a lawyer.

*Recovery – The recovery in a lawsuit is the amount of money collected by the client.

*Sit (v) (for a judge) – When a judge sits on the federal bench, we mean that the judge works in federal court. A judge sits at a trial when he or she presides over this trial.

Subpoena – A subpoena is a written order that commands someone to appear in court to give testimony. If it is not obeyed, the judge may issue an arrest warrant for the person who has been subpoenaed.

Testify (v) –To testify is to give evidence while sworn to tell the truth, in court or in a              document.

Key Terms from the L3 booklet

The FIRST AMENDMENT 

commercial speech: speech which is commercial in character or whose intended audience is

actual or potential customers, for example radio, television or print advertisements

content-neutral regulation: restrictions on speech which apply without regard to the message being communicated

*content-based regulation: laws government regulation of expression based on what is being said – the message or content

cross-burning: the burning of wooden crosses, historically used by the Klu Klux Klan as a means of intimidation

defamation: a tort that imposes liability for making false and derogatory statements that injure someone’s reputation

*expressive association: the right, implicitly protected by the First Amendment, to gather with other like-minded people to discuss matters of common concern or to communicate ideas or beliefs to a wider public

*fighting words: words intentionally directed toward another person which are so offensive as to cause the hearer to suffer emotional distress or incite him/her to immediately retaliate physically

to file suit: to initiate a legal action
*hate speech: speech that attacks a person or group on the basis of race, religion, gender, or

sexual orientation

*incorporation: this occurs when the Supreme Court rules that a right protected by the Bill of Rights is so fundamental to the conception of due process of law that it must apply to the states through the Fourteenth Amendment, which prohibits any state from denying due process of law to any person

*low value speech: certain defined categories of speech which have historically been held to merit no or less protection under the First Amendment

*obscenity: explicit pornography (includes writing, pictures, movies and live action)
*the marketplace of ideas: a metaphor used to justify freedom of expression, which infers that

the truth will emerge out of the competition of ideas in free, transparent public discourse

*prior restraint on speech: restrictions which prevent speech from occurring, for example a court order preventing the publication of a newspaper article

to sue (somebody): to initiate a legal action (against somebody)
*symbolic speech: nonverbal gestures and actions that communicate a specific message

true threats: statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals

to uphold (a conviction or a sentence): to affirm its validity (used of a court of appeal) viewpoint discrimination: when government regulation limits or prohibits speech based on a

particular viewpoint expressed by the speaker

the Warren Court: the name given to the Supreme Court to refer to the period from 1953 to 1969 when the Court was led by Chief Justice Earl Warren. During this period, the Court almost completely incorporated the first eight amendments of the Bill of Rights.

THE FIRST AMENDMENT : THE RELIGION CLAUSES

*accomodationists: those who favor a narrow reading of the Establishment Clause, do not believe that there is a constitutional requirement of neutrality between religion and non- religion, and argue that the Government should accommodate religious beliefs and practices when providing public services

*the Establishment Clause: the clause of the First Amendment which prevents government from establishing a state religion, or using its powers to support a particular religion

*endorsement: official support of something *exemption: immunity from an obligation or duty

*the Free Exercise Clause: the clause of the First Amendment which states that government may not prevent an individual from believing in, or practicing, a religion of his choice

*non-denominational: not connected to a particular religious group
*a parochial school: a Christian school which is linked to, and run by, a local church

*separationists: those who support the separation of church and state, and believe that the Establishment Clause was intended to create a strictly secular government

*secular: not having any connection with religion, religious beliefs, religious practices or religious institutions

*unemployment benefit: financial assistance given by the government to someone who has lost his or her job

THE SECOND AMENDMENT

Brady Campaign – A grassroots organisation that works to create a safer America by fighting to keep guns out of the hands of criminals and organising safety programs to inspire safer attitudes to guns.

Collective right– Proponents of the states’ right view interpret the second amendment as a collective right that pertains only to local government and militias like the police and not to individuals

Consensus – An opinion or position reached by a group as a whole
Gun control legislation – Law that prohibits or restricts gun ownership and the regulations

vary from state to state

Holding – The determining of a matter of law or procedural rule that is derived from a case based on the issue statement in that case

Individual Right - The absolute right to own and bear firearms

Mandate – An official or authoritative instruction or command

Militia - The word ‘militia’ in eighteenth-century discourse referred to the citizenry of law- abiding citizens, as opposed to a ‘select militia’ typical of today’s US National Guard in every state

National Rifle Association – A non-governmental organisation founded in 1871 that promotes firearm ownership, marksmanship and shooting sports among America’s youth.

Trigger locked - A gun that is equipped with a device to prevent it from being fired

THE FOURTH AMENDMENT Key words and expressions

to bug: to secretly record or monitor a conversation through a hidden microphone.

database: collection of electronic data

eavesdrop: to secretly listen in to a conversation

exclusionary rule: rule that evidence obtained in violation of the Fourth Amendment is not admissible in court.

hearsay: information received from other people that is unsubstantiated; in court, witnesses are not allowed to present someone else's report of events as evidence.

hunch: a feeling or guess based on intuition; never sufficient grounds for a warrantless search. to issue: to supply or give; warrants are issued by a judge.

plain view doctrine: principle that an officer may lawfully seize evidence found in plain view (ie, immediately apparent, not hidden) without requiring a warrant.

privacy: state of being free from unwanted interference or intrusion; right to be left alone by public authorities.

probable cause: standard that must be satisfied to obtain a warrant or carry out a lawful search and seizure; "information sufficient to warrant a prudent person's belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant)": Oxford Companion to American Law.

reasonable suspicion: required for a "stop and frisk" search by police; reasonable suspicion is a lower standard than reasonable cause, but must be based on more than a mere intuition or hunch.

search and seizure: procedure whereby officials search a person or property for evidence relating to a suspected crime and take possession of any evidence found. This power is subject to the limitations imposed by the Fourth Amendment.

frisk: to search a person for weapons or other objects by passing one's hands over, or "patting down", the person's body.

warrant: a document issued by the court allowing officials to arrest a person (an arrest warrant) or search a property (a search warrant).

wiretap: a listening device used to "tap" (ie, listen into or monitor) communications over a telephone line.

THE FIFTH AMENDMENT 

N. B. Be careful with uncountable nouns [U], which take neither "a/an" nor plural form.

avowal n. confession. The word is less common than "confession", which is the word most often used in this context.

Benton v. Maryland (1969) the Supreme Court decision that incorporated double jeopardy protection into Amendment XIV for application at state level.

*burden of proof n. duty to prove. A fundamental concept in law. A burden is a load or weight to be carried.

coercion n. [U] use of force. Shorter than the equivalent French noun. Also, coercive adj.

compel v.t. force (sb). Often used in passive voice: "He was compelled to do it.

compulsory adj. obligatory.

*double jeopardy n. [U] the second prosecution of a person for the same offense (simplified definition), prohibited under Amendment V.

due process of law n. [U] fair legal/judicial proceedings (see unit on Amendment XIV). elsewhere adv. in/to another place or other places.

evidence n. [U] Information or facts presented to prove something. Remember its use: "The prosecution presented evidence;" "a crucial piece of evidence".

*grand jury n. group of people who hear evidence to decide if someone should be accused of a crime.

*just compensation n. [U] fair payment to owners of private property taken for public use." leaning n. preference; tendency. Often used in plural.
lesser adj. smaller. Used with abstract nouns: "a lesser evil"," to a lesser degree", "a lesser amount". limb n. arm or leg.

Malloy v. Hogan (1964) the Supreme Court decision that incorporated the self-incrimination clause into Amendment XIV for application at state level.

*Miranda v. Arizona (1966) the Supreme Court decision that obliged the police to inform arrested suspects of their Fifth and Sixth Amendment rights before interrogation.

*mistrial n. a trial that has been terminated before a verdict is rendered *ordeal n. severe or painful test or trial.
overturn v.t. invalidate, annul, set aside.
plea n. (here) answer to a charge, given before a trial. Note the verb: plead. sake n. purpose; benefit.

Salinas v. Texas (2013) the Supreme Court decision stating that the self-incrimination clause does not protect a person's right to silence before arrest.

*self-incrimination n. the act of implicating oneself in, or accusing oneself of, a crime.

stand n. place in court where witnesses testify.

*testify v.i. give testimony to provide evidence (as a witness).

unlikely adj. improbable. As in "an unlikely verdict". Note the construction, "She is unlikely to win," meaning "She probably won't win."

*waive v.t. agree not to use (a right, a power).

THE SIXTH AMENDMENT

- adversarial system: in a criminal trial, the prosecution aims at proving that the other party – i.e the defendant – is guilty as charged in front of an impartial judge and/or a jury. Each party brings evidence in court, asks questions to the witnesses while the judge remains neutral and makes sure that the due process and procedural rules are respected. This system is traditionally opposed to the inquisitorial system in which the judge leads the questioning.

- to convict: to find the defendant gulity as charged.

- cross-examination: in the course of a criminal trial, one of the parties has the right to ask questions to the witnesses testifying for the opposed party so as to challenge or check the validity of their testimonies.

- hearsay: in a legal context, hearsay is usually evidence given by a witness who heard the information from someone else.

- incarceration : synomym for imprisonment
- indictment: a statement charging one or several individuals of one or several offenses. - oath: in a criminal trial, a witness swears in court to tell the whole truth.
- overrule: to rule against
- overturn: to reverse a decision
- prosecution: the party to a criminal trial representing the state.

- to sentence someone to: if the jury has reached a guilty verdict, the judge decides the “punishment” that is to be inflicted upon the defendant, such as imprisonment.

THE EIGHTH AMENDMENT 

Note: * before a definition indicates it is a key term.

*Aggravating circumstance (n.): Any fact or circumstance that increases the severity or culpability of a criminal act.

*Bail (n.): property or money given as security that a person released from custody will return at an appointed time (especially for their trial).

*Botch (vb.): spoil by poor work
Capital punishment (n.): cf. death penalty !!! Ø capital punishment

*Capital trial (n.): Trial in which the defendant has been charged with a capital offense and therefore risks a death sentence if he/she is convicted.

Closure (n.): sense of psychological certainty or completeness

Cocktail of drugs (n.): Executions by lethal injection require the use of several drugs, often three, hence the word “cocktail”. Currently the drugs used are most of the time: 1. Pancuromium bromide (a barbiturate), 2. Sodium thiopental (a paralyzing drug) or pentobarbital and 3. Potassium chloride (which induces cardiac arrest). There’s controversy as to whether this triple injection constitutes a painful death or not.

Convict (n.): someone who has been found guilty of an offense

Custody (n.): imprisonment, legal restraint to be put in custody, to be released from custody

*Death penalty (n.): punishment of a crime by death !!! the death penalty

*Death row (n.): the part of a prison where those sentenced to death await execution. To be on death row.

*Deter (vb.): discourage, refrain from acting deterrent= noun

Diminished responsibility (n.): defense sometimes offered in criminal cases that refers to a condition of arrested or retarded development of mind, whether inherent or caused by disease or injury, that substantially impairs a person's mental responsibility for his/her acts or omissions.

Disemboweling (n.): punishment in which the entrails are removed from the body.

Drawing and quartering (n.): punishment which used to be reserved for traitors, which consisted in hanging but not killing, then beheading and finally cutting a condemned into four parts.

*Evolving Standards of Decency (n.): standard that has been applied by the Supreme Court in the past 30 years to determine if some forms of punishment are still acceptable and constitutional in modern American society. Under this test, it will examine prevailing opinions among state legislatures, sentencing juries, judges, scholars, the American public, and the international community to determine whether a particular application of the death penalty is cruel and unusual.

Fine (n.): a sum of money imposed as a penalty for an offense
Firing Squad (n.): a military detachment assigned to execute a condemned person by shooting. Gruesome (adj.): causing great horror, repugnant

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Juvenile (n./adj.): young person, youth, understood by the Supreme Court to mean under the age of 18.

Leeway (n.): degree of freedom of action or thought

*Lethal Injection (n.): method of executing condemned prisoners through the administration of a cocktail of chemicals that induce death. It was adopted as a method of execution by most states in the late 1970s-early 1980s.

*Life Without the Option of Parole (n.): the second harshest sentence after the death penalty. When sentenced to LWOP, a convict will remain in prison for the rest of his/her life, without being offered the option of release from jail.

Mandatory (adj.): compulsory, obligatory

*Mitigating circumstance: a circumstance that does not exonerate a person but which reduces the penalty associated with the offense.

Moratorium (n.): authorized suspension of activity
Overcrowding (n.): state of being filled with more people or things than desirable

Overturn (vb.): in this context, when the Supreme Court changes one of its own precedents. Often used as a synonym for “reverse”.

Prejudice (n.): An adverse judgment or opinion formed beforehand or without knowledge or examination of the facts.

Proponent (n.): supporter, advocate
Yardstick (n.): test or standard used in comparison or judgment.