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38 Cards in this Set
- Front
- Back
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Article I section 8, Commerce shall have the power to regulate commerce with foreign nations, and among several states
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Commerce clause
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he Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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neccessary and proper clause
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business that concerns more than one state
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interstate commerce
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improperly obtained evidence is excluded
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exclusionary rule
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restrictions on adverstising
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commercial speech doctrine
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no person can be a witness against himself 5th amendment
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self incrimination
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requires government pay for property
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just compensation clause or taking clause
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8th amendment offers protection against huge punitive damage awards
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excessive fines
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prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness
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due process clause
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3/4 state and 2/3 senate to?
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amend constitution
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more than a year in prison, serious crime
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feolny
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crimes commited by cooperations embezzlement n stuff
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white collar crimes
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not so serious crimes less than a year in prison
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misdemeanor
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physical act of the crime
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actus reus
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guilty mindset of doing the crome
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mens rea
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wrongful act is not intentional but failed to act with care
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criminal negligence
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maximum time after an event that legal proceedings based on that event may be initiate
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Statute of limitation (forgery and murder have none)
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improperly gathered evidence cant be used
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exclusionary rule
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grand jury used to review a potential felony case
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indictment
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district attorny gives the accused a copy of the criminal charges
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arraignment
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no contest
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nolo contendere
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have the defendant plea guilty at a lesser charge
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plea bargain
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a civil wrong for which the law provides a remedy
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tort
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without fault
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strict liabiity
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protect people from being harmed by carelessness
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negligence
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sufficiently related to a legally recognizable injury to be held the cause of that injury
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proximate clause
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the thing speaks for itself
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res psa loquitur
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an unforseeable act
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superseding cause
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voluntarily assumed the risk
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assumption of risk
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Damages are reduced by the plaintiffs own negligence
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comparative negligence
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intentional conduct directed at a person that places the person in fear of immediate bodily harm
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assault (actual contact with the body is not necessary)
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intentional physical contact without consent
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battery
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a person may take a life to proect theirs
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self-defense
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holding a person in violation of their freedom
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false imprisonment
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creates severe mental or emotional distress
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emotional distress
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hurts rep or good name
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defamation
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spoken
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slander
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written or picture style
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libel
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