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30 Cards in this Set
- Front
- Back
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4th Article
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The whole faith provision. if decision is made in other state, make the same decision as sister state, no duplicate cases
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5th article
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once amendments have been proposed they must be ratified with a 3/4 vote
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6th article
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Supremecy clause, federal law is always supreme over state law, states can five added benefit
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Commerce Clause
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Articel 1 Section 8 foundation of many laws (labor laws, securities) fed gov can regulate interstate commerce
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Legal Citation
453 US 690 1981 |
Tells you where to find case if you want to read the whole thing
volume- where to find it-page number-year |
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First Ammend
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freedom of religion and speech, no prayer in school
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corporate speech
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mainly firm has the same rights as people for speech
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political speech
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editorials have highest protection youc an say anything
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commercial speech
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many limitation, truthful, etc
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Due Process
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Right to fair trial, equal protection of law
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Fourth ammen
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Search and seizure
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Exclusionary Rule
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Any ill gotten evidence cant be used in court
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Fruit of the Poison
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Police cant use infro they got subsequent to the evidence that was obtained illegally
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Fifth ammendment
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meranda rights
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Self Incrimination
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You dont have to testify against yourself
corporations do! |
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DOuble Jeopardy
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If you have been found guilty at trial, the state cant try you again
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6th amend
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you ahve rights to lawyer
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8th Amend
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No cruel and unusual punishment
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Eminent Domain
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If city, state, or gov decides to take your property, and use it, they can if they five you fair compensation. Only if used for public purpose, otherwise it is illegal
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Zoning
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Gov can zone your property for anything and you dont get compensation, zoning laws keep power plaints away from your homes etc
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Bilateral contracts
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Both sides are making promises
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unilateral contract
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only one side is making promise, i.e. a reward for a lost item
covers sale of goods not services |
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Criteria for legal and enforceable contract
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offer and acceptance
consideration capacity legality |
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Valid Offer
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Demonstates present contractual intent, certainty of terms, has to be communicated to a person, offers are valid for reasonable period of time
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Termination of offer
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revocation, counter offer, death of offerer
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Option contract
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Give $ to someone to get time to think about it, house sale example
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Acceptance
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In common law, it must reflect the offer, mirror image otherwise it is a counter offer
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Mailbox Rule
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As soon as acceptance is put in the mail the contract becomes effective, US only, all others: whichever is revceived first
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Consideration
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There must be some exchange of value for the promise you are receiving, to be enforceable it has to have an exchange, doesnt matter how fair it is
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Forbearance
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You give up a legal right as your promise in a contract
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