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20 Cards in this Set

  • Front
  • Back
able to make laws for ones self
tenth amendment
all other power and authority is retained by the people and states
Sources of Law
public policy
rule of law
individual liberty
private property
adversarial process
trial by jury
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
Enumerative clause
lists specific laws congress can make
civil code
defines persons, property, and contracts
defines marriage, families
criminal code
list crimes
codes for court procedures
rules of evidence
series of codes: vehicle, buisness, professions, corp, water.
legislative checks and balance
cut funding
approval process
power to investigate/subpoena
power to remove executive
doctrine of federal premption
once congress has made a law, the states cannot make a law that alters it
legislative branch powers
creates laws
civil code
criminal code
court procedures
checks and balances
constitutional amendment
executive branch
signing and vetoing
actual execution
appointment of people to carry out laws
signing statment
executive order
Common Law
Laws created by the court (case at bar)

precedent (stare decisis)
Judicial review (unconstitutionality)
interpretation of statutes
Stare Decisis
Let the decision stand, Precedent
Court opinion
reason for why a law was created (stands for that court and the ones below it)
Concurring decision
Dissenting decision
The fourth branch
appointed to control minute things by the executive branch
responsible for statues that made them, and regulations they make themselves
5th amendment
no one shall be deprived life liberty of property unless through due process

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
what are the types of courts
2 types, court of law, and court of equity
amicus curia
friend of the court, (for the plantiff)