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. |