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20 Cards in this Set
- Front
- Back
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sovereign
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able to make laws for ones self
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tenth amendment
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all other power and authority is retained by the people and states
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Sources of Law
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culture
public policy rule of law individual liberty private property competition adversarial process trial by jury |
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Process of Law
due process |
no person be derived from life liberty and property
fair trial, cross examine witness, adequate notice of trial, right to counsel, not self incriminate, have al aspect of a case be proven beyond a reasonable doubt |
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Enumerative clause
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lists specific laws congress can make
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civil code
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defines persons, property, and contracts
defines marriage, families |
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criminal code
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list crimes
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codes for court procedures
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rules of evidence
series of codes: vehicle, buisness, professions, corp, water. |
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legislative checks and balance
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cut funding
approval process power to investigate/subpoena power to remove executive |
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doctrine of federal premption
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once congress has made a law, the states cannot make a law that alters it
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legislative branch powers
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creates laws
civil code criminal code court procedures checks and balances constitutional amendment |
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executive branch
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signing and vetoing
actual execution appointment of people to carry out laws signing statment executive order |
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Common Law
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Laws created by the court (case at bar)
precedent (stare decisis) Judicial review (unconstitutionality) interpretation of statutes |
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Stare Decisis
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Let the decision stand, Precedent
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Court opinion
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reason for why a law was created (stands for that court and the ones below it)
Concurring decision or Dissenting decision |
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The fourth branch
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Agencies
appointed to control minute things by the executive branch responsible for statues that made them, and regulations they make themselves |
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5th amendment
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no one shall be deprived life liberty of property unless through due process
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Courts
Federal and state |
51 courts, 50 state - 1 federal
superior court in each county 6 appellate courts in each state state supreme court has 7 justices US supreme court has 9 justices |
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what are the types of courts
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2 types, court of law, and court of equity
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amicus curia
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friend of the court, (for the plantiff)
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