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Law&Ameri. Society
| Question | Answer |
|---|---|
| 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. |