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23 Cards in this Set
- Front
- Back
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plaintiff
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prosecution, victim
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defendant
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acused
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specific performance
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order parties plantiff and def to comply with the terms of their contract
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stare decisis
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let the decision stand
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fiduciary
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a legally enforced relationship of trust, confidence, and responsibility
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procedural due process
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if the government wants to take away someone's life, liberty, or property. they must go through certain steps first
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preponderance of the evidence
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u need 51% on the civil side to win and it says which ever side has more evidence for them is going to win
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writ of certiorari
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document saying the supreme court will hear the case
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jurisdiction
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who has the right
subject matter (law) personal (over the parties) |
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commerce clause
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congress can regulate anything in commerce or affecting commerce
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enumerated powers
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the powers the government has that are written in the constituion
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ethics of duty
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have to have in order for a society to function
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ethics of excellence
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make society better, better if left up to the individual
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humanism
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emphasizes the intrinsic wirt and dignity of all people
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necessary and proper clause
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congress can make all laws necessary and proper for carrying into excution the forgoing enumerated power
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rationalism
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coming to ethical conclusions through reasoning
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exclusionary rule
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illegally seized evidence cannot be used in the prosection case-in-cheif
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common law
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the practice of using other cases to tell us what the law is
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substantive due process
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government can't pass laws that are arbitrary and capricious
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standing to sue
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have to of been injured yourself, cant file for someone else
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judicial review
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they interpret constitution, tell us what it means
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probable cause
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degree of certainty that something is true
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miranda warnings
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the rights you have when you are getting arrested
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