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