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94 Cards in this Set
- Front
- Back
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State or individual right? English Bill of Rghts
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Individual
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State or individual right? Prefatory clause of Second AMendment
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State
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State or individual right? First and third commas
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State
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State or individual right? Ex Parte Grossman (1925)
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Individual
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State or individual right? Generally accepted 18th century dfeinition of "arms"
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State
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State or individual right? Heller v DC (2008)
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Individual
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State or individual right? US v Miller (1939)
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State
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Briefly identidy the States rights interpretation of 2a
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State has right to organize militia
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Briefly identidy the Individual rights interpretation of 2a
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Right of individuals to keep and bear arms
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How is Rousseaus state of nature diff from Locke's?
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Rousseaus is real af, literally history
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The exclusionary rule states that
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illegally seized evidence cannot be used to obtain a conviction
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IS v Leaon (1984) weakened the exclusionary rule by establishing |
the good faith exception
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Mirand v Arizona held that
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Police must advise people of their rights prior to questioning
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McClesky v Kemp (1987); USSC rules that
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Statistics do not prove that the death penalty is racist
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The sixth amendment guarantees
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An accused's right to trial by jury
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The Grand Jury Clause is in the
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Fifth Amendment
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Excessive Bail, excessive fines, cruel and unusual punishment is in what amendment?
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8A
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Takings clause is in what?
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5A
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Reynolds v US (1878) involved
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1A free exercise clause
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Olmstead v US (1928) established
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Wiretaps do not constitute a search thus dont need a warrant
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New York Times v Sullivan (1963) established that
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To recover damages for libel against a news org, the plaintiff who is a public official must prove malice and reckless disregard for facts
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In USv New York Times (1971) the USSC ruled that
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"I shot the sheriff; not deputy" is not incitement
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In Furman v. Georgia (1972) the USSC established that
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Georgia's capital sentencing laws were unconstitutional.
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In Gregg v Georgia (1976), USSC ruled that
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Mandatory death sentance is unconstitutional; needs bifurcated proceedings
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What amendment is this? Establishment and religion
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1
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What amendment is this? Freedom of press
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1
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What amendment is this? Self Incrimination
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5
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What amendment is this? Reserved Power
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10
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What amendment is this? No unreasonable Search and seizure
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4
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What amendment is this? Right to Keep and Bear
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2
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What amendment is this? Takins clause
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5
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What amendment is this? Due Process
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5
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What amendment is this? Right to assemble peacefully
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1
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What amendment is this? No cruel or unusual punishment
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8
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What amendment is this? Freedom of speech
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1
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What amendment is this? Petition for redress of greivances
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1
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Name one characteristic of mankind in Rousseaus state of nature
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Cooperational
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Augustine belived in the concept of what?
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Free Will
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Why did Augustine write City of God?
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Refute charge that christians were responsible for fall of Rome
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Did Augustine belived Original Sin
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Yes
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What do humans do with their free will?
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Betray God
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What does Augustine htink of the Church |
Perfuse with original sin
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What does Augustine htink of the Government?
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Coercive Gov Necessary, ordained by god; Peace and order is better than justice; necissity of gov not diminished by its impurity; Just war is possible; can restrain heretics
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Does Augustine belive that salvation can be earned?
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NO
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Marx's heternonomous behavior is
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behavior natural to a species
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Marxis praxis:
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unity of theory and behavior
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Marxs tripart self
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Natural - alienated - species self
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Marxs three natural needs
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subsistence, sex, labor
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Homo faber is
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man the maker
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Mode of production
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how society arranges itself to make things; pharaohs/not pharaohs; patricians/slaves; aristocracy/serfs; Bourgeoisie/proletariet
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Explain Rousseau's state of nature
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Isolated, vigorous, amour de soi; Catstrophe forces us into civil society, at first is good; Specialization results in amour propre (egotism); Alienation
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Rousseau on government
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Social contract; tyranny of majority possible; General Will
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Aristotle diff from plato how?
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Rejects dualism, no forms, no utopia, causes
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Explain aristotles causes
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Material cause (what its made of); Formal Cause (what it does); Efficient Cause (what makes it); Final Cause (purpose served by it)
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What is aristotles favorite fallacy
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natural
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aristotles relationships
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husband-wife, master-slave, parent-child
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What is man? -Aristotle
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social animal, rational
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What is golden mean
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Specific point of excellence between excess and deficiency, only applies to virtues
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whats that stupid chart
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monarchy good, tyranny bad; aristocracy good, oligarchy bad; polity whole, democracy bad
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Relevent amendments to Privacy
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1, 3, 4, 5, 9, 14
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Why is amendment 1 important to privacy?
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Sancitity of personal thoughts, contents of brain are sacred
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Why is amendment 3 important to privacy?
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Gov cant intrude into home, might apply to other stuff
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Why is amendment 4 important to privacy?
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Unreasonable search and seizure
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Why is amendment 5 important to privacy?
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self incrimination
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Why is amendment 9 important to privacy?
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enumerated powers
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Why is amendment 14 important to privacy?
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incorporation
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Poe v Ullman (1961)
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No right to marital privacy
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Griswold v Connecticut (1965)
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OVerturned Poe; CT Law against contraception was unconstitutional; Based on constitutional right to privacy; penumbra theory by Douglas
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Non constitutional protections of privacy
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Nuisance law; laws against trespass, Privileged communications ie between spouses, doctors; mail is private; home setting.
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Katz v. US (1967)
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overturns Olmstead, so wiretaps not ok
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Bowers v Hardwick (1986)
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Sodomy not protected constitutionally
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Lawrence v. Texas (2003)
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Texas sodomy law struck down
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Romer v. Evans (1996)
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Refusing protected status to queers is not ok
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Slaughterhouse cases (1873)
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14 protects nat citizenship, not state
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Palko v. Connecticut (1937)
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Double Jeapordy not incorporate, creates Ordered Liberty Test / Vomit Test
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Ordered Liberty Test
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Vomit Test/ freedom limited by the need for societal order
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Mapp v. Ohio (1961) incorporated what
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Exclusionary rule
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Brandeis' dissent in Olmstead
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the right to be let alone is th emost valued right by civilized men, based on 4ths search and seizure and fifths against unjustifiable intrusion by government
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Similarity between machiavelli and hobbes is that
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the state should distribute honors
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Hobbes logical form is
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Deductive
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Hobbes' social constract is
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the end of the state of nature and the beginning of civilized society
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Hobbes; reality is
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material
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Hobbes; natural right is
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right of the stronger
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Reynolds v US (1879)
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laws banning polygamy do not violate free exercise
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Jacobson v Mass (1905)
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Mandatory Vaccines a legitimate use of state power to protect health and safety
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West Virginia School Board v Barnette (1943)
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Cant force jehovahs witnesses to salute the flag
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Braunfield v Brown (1961)
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Blue laws not unconstitutional
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Sherbert Test
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Established by Sherbert v Verner(1963), whether person has sincere religious belief and whether the gov action has substantial burden
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Engle V Board of education (1947)
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Catholics getting money for school buses, this is ok
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Engle v Vitale (1962)
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Nondenominational prayers unconstitutional
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Lemon Test
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Law must not excessive entangle twixt gov and religioun; not advance/inhibit religious practice; must have secular legislative purpose
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Four Hindu Values: Artha, Kama, Dharma, Moksha
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Value of Wealth and Property; sex, religious duties, Spiritual liberation
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Rousseau's General Will |
Will of all the people together for the common good
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Marxs forces of production
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Labor power (muscles and skills); Tools, facilities, raw materials, techniques
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