American Legal Final Review

Law

Rules and regulations made and enforced by government to regulate people's conduct

Preponderance of the Evidence

The standard of proof that is met when the evidence establishes that it is more likely than not that the facts are as alleged.

Beyond a reasonable doubt

The standard that must be met by the prosecution's evidence in a criminal case: that there is no other logical explanation, based on the facts, except that the defendant committed the crime

Negligence

conduct that creates an unreasonable risk of harm

Tort

A civil wrong committed against a person or property, excluding breach of contract.

Minor

Any person under the legally defined age of an adult; usually under the age 18

Fraud

A deliberate deception intended to secure an unfair or unlawful gain

warranty

A confirmation of the quality or performance of a good or service

incitement

This requires clear proof that speech presents the likelihood of imminent lawless behavior.

Over inclusive

laws that regulate free speech must be narrowly drafted to prohibit only what is necessary to achieve goals

Vagueness

Law must give person of "common intelligence" notice of what is prohibited - Law can't say "Don't say bad things"

Symbolic Speech

An act that conveys a political message.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Bill of Rights

The first ten amendments of the U.S. Constitution, containing a list of individual rights and liberties, such as freedom of speech, religion, and the press.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Federalism

A system in which power is divided between the national and state governments

Legislative intent

what lawmakers intend for the law to mean when they pass it

breach

to break an agreement

unconscionable

unscrupulous; shockingly unfair or unjust

cosigner

Responsible for loan if original debtor fails to pay

Time, Place and Manner

A first amendment concept that laws regulating the conditions of speech are more acceptable than those regulating content, also the laws that regulate these conditions

Libel

A written defamation of a person's character, reputation, business, or property rights.

Slander

Defamation in spoken form

Fighting Words

words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence

Hate Speech

A verbal attack targeting someone because of their race, gender, religion, or sexual orientation

Public Forum

A public place such as a street, sidewalk, or park where people have a First Admendment right to express their views on public issuses.