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50 Cards in this Set

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