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FIL exam 1
Terms in this set (35)
a person who brings a case against another in a court of law
order of a court which requires a party to perform a specific act, usually what is stated in a contract
The policy of courts to abide by or adhere to principles established by decisions in earlier cases.
Preponderance of the evidence
he greater weight of the evidence required in a civil lawsuit for the trier of fact to decide in favor of one side or the other.
enumerated power listed in the United States Constitution. The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
Ethics of Duty
Bare minimum that makes society good.
When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt Beyond a Reasonable Doubt
rule is designed to exclude evidence obtained in violation of a criminal defendant's 4th Amendment rights
Standing to sue
the requirement that a person who brings a suit be a proper party to request adjudication of the particular issue involved.
level of reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court
an individual, company, or institution sued or accused in a court of law
the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power.
An individual in whom another has placed the utmost trust and confidence to manage and protect property or money
Writ of certiorari
an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities
a list of items found in the U.S. Constitution that set forth the authority of Congress.
Ethics of excellence
acts that better society.
Necessary and proper clause
The specific powers and duties of the U.S. Congress are enumerated in several places in the Constitution.
law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases
A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles.
You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.
Monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.
the usual writ for the summoning of witnesses or the submission of evidence, as records or documents, before a court or other deliberative body.
Procedural due process
the aspects of the due process clause that relate to the procedure of arresting and trying persons who have been accused of crimes.
the official power to make legal decisions and judgments.
A written accusation charging that an individual named therein has committed an act or omitted to do something that is punishable by law.
Recognizing the intrinsic worth and dignity of all people.
Reaching conclusions through reasoning
Substantive Due process
The substantive limitations placed on the content or subject matter of state and federal laws by the Due Process Clauses.
the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court:
Tells you what court you are in
Questioning initiated by law enforcement officers after a person is taken into custody, thus requiring that the person be advised of his or her applicable constitutional rights.
9 supreme justices
the parties to a controversy develop and present their arguments, gather and submit evidence, call and question witnesses, and, within the confines of certain rules, control the process
Government may not establish, sponsor, or support religion.
Free exercise clause
Government can't interfere with people exercising their religious belief.
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