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23 Cards in this Set

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