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70 Cards in this Set
- Front
- Back
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constitutional law
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type of public law; federal and state level; 55 men gathered in secret in Phila. to amend Articles of Confederation
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constitutional relativity
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the Constitution is written in broad language so that judges can interpret it with changing times
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negligence
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type of private law; a tort; elements: duty, breach of duty, proximate cause; damages
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property
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the rights and duties that arise out of the ownership and possession of real and personal property
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personal property
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anything not attached to the land; tangible - physical object; intangible - patent, will, etc.
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real property
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land & everything attached to the land
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tenancy in common
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when co-owner dies, his share of property goes to his heir
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tenants with the right of survivorship
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when co-owner dies, his share of property passes to the surviving owner
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tenancy by the entirety
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each spouse owns 100%; protects marital assets
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crime
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offense against society as defined by the legislature
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homicide
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the killing of one human by another
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justifiable homicide
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killing authorized by law (self-defense, war, death penalty)
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excusable homicide
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result of an accident; committed by an infant or insane person
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criminal homicide
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murder and manslaughter
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murder
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unlawful killing with malice aforethought; doesn't require hatred; mass endangering state of mind; total disregard for rights and safety of others (inferred anytime one points a gun at another)
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first degree murder
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unlawful killing with malice aforethought and the specific intent to kill (assassination, stabbing, poison)
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second degree
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killing that occurs during the commission of a serious felony; does not require intent
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co-felons rule
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each is responsible for the acts of another
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voluntary manslaughter
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defense to first degree murder; unlawful killing with the intent to kill but no malice aforethought; elements: provocation, hot blood, no cooling off
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involuntary manslaughter
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unintentional killing of another resulting from outrageous conduct or gross negligence
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statutory rape
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man who is over 16 has sexual relations with the consent of a girl who is under 16 who is not his spouse
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larceny
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the taking and carrying away of property without consent and the intent to permanently deprive the person of the goods; refers to possession, not ownership
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robbery
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larceny with the threat of force
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identity theft
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use personal info of others to obtain a financial advantage
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list defenses
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intoxication (generally doesn't work), insanity, entrapment
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not guilty by reason of insanity
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person does not know right from wrong; goes to mental institution; complete defense
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guilty but insane
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person will go to mental institution then prison for a set period of time
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entrapment
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police entice you to commit a crime; used to deter improper police conduct
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4th amendment
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prohibits unlawful search and seizure
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5th amendment
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prohibits self-incrimination; guarantees that a person cannot be compelled to testify against himself; voluntary statements; Miranda
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8th amendment
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prohibits cruel and unusual punishment; prohibits excessive bail so that amount of bail must fit crime
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13th amendment
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abolished slavery
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14th amendment
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no state shall deny to any person the equal protections of the law
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15th amendment
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gave right to all citizens to vote
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fraud
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deception deliberately used; elements: material misrepresentation, misrepresentation intentional; injured party justifiably relied on the misrepresentation; injury resulted
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cooling-off rule
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if you purchase a good in your home, The Federal Trade Commission gives you 3 days to cancel purchases of $25 or more
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lemon law
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the problem must significantly impair the value or safety of the car; if car is a lemon you are entitled to a refund or a replacement
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Federal Trade Commission
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created in 1914 to prevent unfair competition and deceptive or unfair acts affecting commerce; consumer watchdog; created no-call list
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Consumer Credit Protection Act
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your max liability for unauthorized use of credit card is $50; if you report the loss before credit card is used, card issuer cannot hold you responsible for any unauthorized purchases
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Electronic Fund Transfer Act
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if you report an ATM or debit card missing before it's used, card issuer cannot hold you responsible for any unauthorized transfers - within 2 business days, no more than $50; not within 2 business days, up to $500; fail to report w/in 60 days after bank statement, unlimited liability
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bankruptcy
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court declared inability or impairment to pay creditors; stops lawsuits
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chapter 7
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liquidation; offers fresh start; appointed trustee collects non-exempt property of debtor, sells it, and distributes proceeds of sold assets to creditors
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chapter 11
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rehabilitation; primarily for business debtors; creditors are kept away from the debtor's assets while the debtor works out a plan to continue in business while paying off debts in installments
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chapter 13
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rehabilitation for individuals with a regular source of income who are protected while paying their debts; amount and period of repayment determined by trustee
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things that won't be discharged by bankruptcy:
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taxes, student loans, fraud
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Constitution in 1787 protected...
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slavery
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last state to remove its ban on interracial marriage
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Alabama in 2000
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Lovings vs. VA
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1967 Supreme Court; 1958 Lovings marry in D.C., move to VA after a few months and arrested; issue: does the law violate the Equal Protection Clause?; decision: law unconstitutional b/c based solely upon race
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Article 3
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created the Supreme Court; gives Congress power to establish inferior courts
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Senator Ellsworth created...
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13 judicial districts and 3 circuits
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federal courts
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the district court is the court of original jurisdiction
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of which circuit is PA a part?
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3rd circuit with NJ, RI, DE, & Virgin Islands
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Supreme Court
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both original and appellate jurisdictions - original for ambassadors and disputes b/w states
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certiorari
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appeal to the Supreme Court
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allocator
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appeal to state supreme court
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chief justice
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John Roberts
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4 conservative judges
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Scalia, Roberts, Alito, Thomas
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3 moderate judges
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Breyer, Kennedy, Sotomayor
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2 liberals
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Kagan, Ginsburg
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right to a jury
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guaranteed in 6th & 7th amendments; civil more than $20; criminal more than 6 months in jail
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criminal jury
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all jurors must agree
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civil jury
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5/6 of jury must agree
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voir dire
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the jury selection process
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challenge for cause
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unlimited; judge decides
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pre-emptory challenge
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given a certain amount
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long arm statutes
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commit a tort within a state; own property in a state; doing business in a state
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Full Faith and Credit
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Article 4; each state must uphold laws of another state
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res judicata
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civil version of double jeopardy; "the thing has been decided"
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statute of limitations
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time period within which a lawsuit must be brought; applies to both civil and criminal cases; no statute of limitations for murder
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intra family immunity
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parental immunity is designed to allow parents to case for guide and control the child; parents will remain liable for intentional or malicious acts and negligence
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