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Law&Ameri. Society

4th Amendment Prohibits unlawful search and seizure
14th Amendment Most important along w/ bill of rights, Made constitution applicable to state gov
15th Amendment Gave citizens right to vote (Not women)
Constitutional Law 55 men secretly met at independence hall, B.Franklin oldest J.douglas youngest
Defense of Intoxication "I was drunk" Doesn't usually work
Right to Jury 6th and 7th amendments give right, Civil case must be 20$ or more, Criminal must be at least 6 month sentence
Statue of Limitations Time limit on charges so witnesses, evidence, and memory isn't lost
Bankruptcy Chap 11 Business rehabilitation "ill payy you later"
3rd circuit of Appeals Pennsylvania, New jersey, Delaware, Virgin Islands
Certiorari Name of a Supreme court appeal
Identity Theft Stealing someones identity an using to get financial advantage
Bankruptcy chapter 7 Give up everything and cleared of debts, except exempt stuff, stays on credit 10 yrs
Federal trade commision Consumer watchdog created in 1914
Torts A private civil wrong. Negligence, intentional, product liability
Article 4 Full faith and credit, A judgement in one state will be enforced in another
Jury Decision Civil 8 jurors (12 if requested) 5/6 must agree, Criminal 12 jurors must be unanimous
Senator Ellsworth Created 13 judicial districts and 3 circuits
Res Judicata Cant have same case twice w/ same parties, and same crime
Current Justices John G. Roberts (Chief Justice)C, Antonin Salia C, Clarence Thomas C, Stephen Breyer M, Anthony Kennedy M, Sonia Sotomayor L, Elena Kagan L, Ruth Ginsburg L
Federal Court Supreme courts, Appellate court, Trial courts, and courts outside of j-branch, deal with: Fed Law, Diversity, More then 75g's or constitutional law
Lemon Laws Problem must significantly impair the valur of the car. Must report w/in first year or first 12,000 miles, and dealer has 3 oppurtunites to fix
Cooling off rule If u buy item 25$ or more you have 3 days to change mind
Pre-emptory Challenge Attorney can remove jury tryout for personal reasons, civil-3 Criminal 20-30
Voire Dire Jury selection trial
Second Degree Murder A killing that occus during a serious felony
Robbery Theft plus force or threat of force
Larceny Taking and carrying away property of another w/o consent and intent of depriving other of the goods permanantly
Statutory Rape Man over 16 has sex w/ girl who is under 16
Involuntary Manslaughter Unintentional killing of another as result of outrageous conduct, or gross negligence
Parental immunity Children cant sue parents
Voluntary Manslaughter Intentional Killing of another w/o Malice. Provoked, Hot blood, no cooling off
Fraud Intentional Material misrepresentation
Allocator Name of an appeal
Assumption of Risk When you participate in activity you must assume the risk
Due process (Procedural) Enforcing the law (traffic ticket)
Homicide (Excusable) Result of accident, commited by infant or insane person
Homicide (Criminal) Murder or Manslaughter
Murder Unlawful killing with Malice Aforethought
Article 3 Created Supreme court, allowed congress to make inferior courts also
First Degree Murder Murder with intent to kill (premeditated)
Homicide (Justifiable) war, death penalty, self defense
Homicide Killing of one human by another
Crime Offense against society
Long Arm Statues State can serve if you commit a tort in state, own property in state, or do business in state
Intra Family immunity Husband and wives used to not be able to sue each other but now thats been abolished in most places due to insurance
Slavery protected by constituiton in 1787
Appelate Court Judges called justices
Constitutional Relativity Constitution is written in broad language
Real Property Land and everything attached to it
Personal Property Everything thing not attached: Tangible(Physical) Intangible(not physical)
Negligence Failure to what a reasonable person would do
Exculpatory clause People can create immunity by contract
Challenge for Cause Attorney can remove jury for bias or prejudice, no limit
Judges State ones elceted, Federal ones appointed for life
Bankruptcy Chap 13 Personal rehabilitation, "Ill pay ou later"
Affirmative Action Policies to promote education for minorities and women
Due process Right to have both sides of story told (5th & 14th Amendment)
Due Process (Substantial) Actual law, defines rights and duties and can't be overly vague ex: Motor Vehicle Code
Defense of Insanity (Guilty) Mental institution then jail
First 3 articles Legislative, Executive, Judicial
Article 5 Amendment Process
Article 5 Amendment Process
Bill of rights First 10 amendments written by James Madison
Article 6 Supreme Court Law of the Land
Tenancy in common When co-owner dies his share goes to family
Article 7 Effective date of article 6
Joint tenants w/ rights of survivorship Share goes to other owner
Bill of rights First 10 amendments written by James Madison
Tenancy by the entirety Married people BOTH own 100%
Property Law Rigths and duties that arise out of ownership and possesion of real estate and personal property
Tenancy in common When co-owner dies his share goes to family
Joint tenants w/ rights of survivorship Share goes to other owner
Tenancy by the entirety Married people BOTH own 100%
Malice Aforethought Mindset of not caring about others safety
Third degree murder Malice with no intent to kill..not during a felony
Consumer credit protection act Max liability 50$ If reported before use no liability
Electronic fund transfer act Reported: Before use no liabilty, w/in 2 days 50$ liable, after 2 days 500$ liable, after 60 days unlimited
Constitution format Preamble, 7 articles, 27 amendments
Articles of Confederation joined 13 colonies into a loose confederation w/ weak central govt
5th Amendment No person shall be deproved of life, liberty, or propety (Due Process)
8th Amendment Prohibits cruel and unusual punishment
13th Amendment Abolished slavery, began w/ emanc. proc.
Created by: tud24638