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50 Cards in this Set
- Front
- Back
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Federal System
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Central government is given power of national concerns while states take care of local concerns.
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Constitution
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a bod of principles that establishes the structure of a government and the relationship of the government to the popel who are governed.
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Tripartite
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Three-part division of government
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Legislative Branch
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the branch of government formed to make the laws (congress)
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Executive Branch
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the branch of government formed to execute the laws. (president)
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Judicial Branch
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the branch of government formed to interpret the laws.
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Bicameral
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a two house form of the legislative branch of government.
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Delegated Powers
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powers expressly granted to the national government by the constitution.
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Shared Powers
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powers that are held by both state nad national governments.
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Police Power
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the power to govern.
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ex post facto law
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a law making criminal act that was lawful when done or that increases the penalty when done.
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Preemption
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the federal government's superior regulatory position over state laws on the same subject area.
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Bedrock View
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a strict constructionist interpretation of a constitution.
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Living Document View
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the term used when a constitution is interpreted according to changes in conditions.
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Commerce Clause
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That section of the US Constitution allocation business regulation.
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Due Process Clause
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in the Fifth and Fourteenth Amendments, a guarantee of protection from unreasonable procedures and unreasonable laws.
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quasi judicial proceediings
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forms of hearing in which the rules of evidence and procedure are more relaxed but each side still has a chance to be heard.
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Privileges and immunities clause
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a clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state.
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What does Jurisprudence mean?
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How we think about law.
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Juris means what?
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Law
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Prudence means what?
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Practical Wisdom, Common Sense
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What are the four Jurisprudental Schools?
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Historical School, Postivist School, Realist School, Natural Law School
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"Founder" of the Historical School
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Von Savigny
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"Founder" of the Postivist School
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Thomas Hobbes
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"Founder" of the realist School
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Oliver Wendell Holmes Jr.
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"Founder" of the Natural Law School
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Acquinas/ Aristotle
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Basis of Historical School
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Law comes to us through experiences
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Basis of the Positivist school
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Strong top-down government
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Basis of the Realist School
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Law is what the law does
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What two schools are linked together?
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Realist and Positivist
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"Most Important" School
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Natural Law School
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Basis of the Natural Law School
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Know truth as we know God, Rationalism
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Who wrote the Declaration of Independence?
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Jefferson
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Who wrote the Constitution?
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Madison
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Dec. of Independence is the Manifesto for what?
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Life, Liberty and the Persuit of Happiness
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Constitution is the Laws protecting what?
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Life, Liberty, and property
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The Constitution enshrines what?
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Capitalism through economic and political liberty
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codefied
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laws made by the legislature
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4th ammedment
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search and seizure
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5th ammendment
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due process, self incrimination
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6th ammendment
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confrontation clause, speedy trial
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who has the largest privacy expectancy?
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private citizen
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fruit of the poisonous tree
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once a search becomes illegal, any evidence found post facto is negated
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Tort
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breach of a private duty imposed by law
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3 levels of tort
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intentional, neglegence, strict
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3 burdens of proof
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mere preponderance, clear, cogent, and convincing, beyond a reasonable doubt
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slander
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spoken defamation
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libel
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written defamation
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4 elements of negligence case
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voluntary act, breech of a duty of care, proximate cause, injury/damages
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3 kinds of damages
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economic, property, personal
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