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70 Cards in this Set
- Front
- Back
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Democracy
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people hold supreme power through elected officials
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republic
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power rests in citizens entitled to vote
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federal government
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national government and states share sovereign power
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Commerce Clause
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legislature can regulate commerce with foreign nations, among states, and with Indians
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police powers
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states have the power to regulate affairs between borders; public order, health, safety, morals, and general welfare
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supremacy clause
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when there is a conflict between state and federal law; federal law wins
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taxing and spending powers
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power to lay and collect taxes, duties, imposts, and excises; also can pay debts and provide common defense
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privileges and immunities clause
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each state must treat citizens of other states in the same mater as their own citizens
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full faith and credit clause
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each state honors acts, records, and judicial proceedings of other states
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freedom of speech
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not free from the consequences
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establishment clause
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cannot make state-sponsored relegion
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free exercise of religion
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cannot be compelled to do something that is against beliefs
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due process
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cannot be deprived of life, liberty, or property
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procedural due process
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decisions and procedures must be fair
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substantive due process
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legislation content must be fair
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civil
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beyond a preponderance of the evidence
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criminal
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beyond a reasonable doubt
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felony
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imprisonment of a year and a day or longer
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misdemeanor
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up to 12 months of jail time
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malum in se
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wrongful in and of themselves
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malum in prohibitum
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wrong because it is prohibited
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actus rea
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prohibited act
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mens rea
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intent
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embezzlement
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theft of property entrusted to you
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model penal code
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lacked capacity to conform to a standard (1/2)
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irresistible-impulse
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knew wrong but couldn't help oneself (1/6)
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M'Naghten
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knows wrong from right. (1/3)
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miranda rule
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suspects must be informed of their right to remain silent and to have counsel present during questioning
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exclusionary rule
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illegally or improperly obtaining evidence
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RICO
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Rackateer influenced and corrupt organization
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establishment clause
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cannot make state-sponsored relegion
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free exercise of religion
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cannot be compelled to do something that is against beliefs
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due process
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cannot be deprived of life, liberty, or property
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procedural due process
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decisions and procedures must be fair
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substantive due process
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legislation content must be fair
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fair-use doctrine
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allows for education; must cite sources
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trademark
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mark, motto, device that is stamped on product to make recognizeable
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felony
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imprisonment of a year and a day or longer
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patent
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grant from gov that gives right to make or sell and invention
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copyright
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intangible property right granted to author
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22
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president is limited to two terms
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6
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speedy and public trial
cross examine witnesses |
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16
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congress has power to lay and collect taxes on incomes
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15
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voting cannot be denied by race, color, or servitude
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14
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birthright citizenship
every person counts no confederates to hold offices not liable for confederate debts |
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20
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president to take office in january
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19
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voting cannot be denied by sex
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18
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prohibition of alcohol
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17
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direct election of senators
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9
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people have rights in addition to those specified in the constitution
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5
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right to indictment by grand jury
due process of law fair payment when private property is taken compulsary self-incrimination |
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24
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poll tax prohibited
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27
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congressional raises do not take effect until an election intervenes
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25
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procedure upon death of the president
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21
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repeal of prohibition
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10
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the powers neither delegated to the state or to the federal gov reside with the federal gov
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Article 5
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amending the constitution
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13
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abolished slavery
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26
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voting age is 18
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3
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lodging of soldiers without permission
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4
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unreasonable search and seizures
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2
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keep and bear arms
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1
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relegion, speech, petition, press, assembly
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Article 4
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one nation with full faith and credit and priviledges and immunities clause
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5
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prohibits double jeopardy
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7
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trial by jury
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8
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excessive bail and cruel and unusual punishment
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Article 2
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executive branch is outlined
they enforce the laws |
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article 3
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judicial branch is outlines
they interpret the laws |
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article 1
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legislative branch is outlined
they write the laws |
