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22 Cards in this Set
- Front
- Back
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Obligation of Contracts
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The obligation of the parties of a contract to carry out the contracts terms
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Clear and Present Danger Test
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A means by which the Supreme Ct has distinguished b/w speech as te advocacy of ideas, which IS protected by the 1st Ammendment and speech as incitement, which ISNT protected.
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Strict Scrutiny
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A standard for deciding whether a law or policy is to be ajudged Constitutional or not. To pass strict scrutiny the law or policy in question must be justifiedby a compelling gov interest as well as being the least restricting means for achieving that interest
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Bill of Attainder
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A law that pronounces a individual guilty w/out a trial
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Exclusionary Rule
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The judicial rule that states that evidence obtained illegal search and seizure cannot be used in trial
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Plea Bargain
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A defendants admission of guilt for a less sever punishment
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Ex Post Facto Law
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A law that declares an action to be criminal after it has been done.
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1 Civil Liberties
2 Civil Rights |
1 What the Gov MUST do
2 What the Gov CANNOT do |
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Solicitor General
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The third highest ranking official of the US Dept of Justice. The one who represents the Natl Gov before the Supreme Ct. Also locates and presents cases for cert in the Supreme Ct
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Senatorial Courtesy
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The Senate will not accecpt a lower federal court judgeship if teh person isnt approved by the senior senator in the Presidents party in the nominees state.
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Stare Decisis
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"Let the decision stand"... make decision according to precedent
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Judicial Restraint
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Judicial philosophy where judges adhere closely to past precedent, and statutes in reaching decisions... NO personal values.
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Amicus Curaie Brief
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A brief filed by an individual/group that is not a party to a legal action but has an interest in it.
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Rule of Four
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4 of the 9 Supreme Ct Justices must sgree to hear a case before it is reviewed by the Supreme Court
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Original Jurisdiction
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The authority of a court to hear a case before any other court does
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Civil Case
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1 Court Case sueing for DAMAGES
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Appellate Jurisdiction
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The authority of a court to hear cases that have been tried, decided.... in the past
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Judicial Review
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The power to declare congressional and presidential acts unconstitutional
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Class-Action Suit
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A legal actioon brought by a person or group on behalf of a number of people in similar situations
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Judicial Activism
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Judicial philosophy where judged interject their own values in court decisions.
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Concurrance
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When an agreement is made but for differnt reasons
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Dissent
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The disagreement of a judge with the majority decision
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