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intro to law chapter 2
sada
18
Accounting
Pre-School
10/12/2009

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Term
republic
Definition
a system of government with the supreme power in the people, exercised by representative chosen through the votes of qualified voters
Term
abitrary and capricious
Definition
action taken impulsively or in bad faith with out good or valid reason
Term
natural law
Definition
the higher law believed by some ethicists to be above and beyond man's power to change
Term
judicial review
Definition
power of the us supreme court to declare unconstitutional and act of congress, a presidential order, or a state law
Term
separation of powers
Definition
 the granting of the various powers of government among three branches so that each branch checks out the other two
Term
writ of habeas corpus
Definition
a formal written order that an arrestee be brought before a court.
Term
bill of attainder
Definition
act of the legislature inflicting capital punishment upon a named person or member of a specific group without trial and conviction. forbidden by the us cconstition.
Term
es post facto laws
Definition
a statute that retroactively makes previously lawful conduct a crime. such statute is unconsitutional
Term
police power
Definition
the inherent power of the government to make laws and impose reasonable regulations for the health, safety, morals, or general welfare of the public, even when this limits individual freedom
Term
commerce clause
Definition
a part of the us constitution that provides congress with the power to provide for trade with foreign countries and among states
Term
due process
Definition
the requirement that legal proceedings (including arrest, civil and criminal trials, and punishment) comply with the us consitution and other applicable substantive and procedual laws.
Term
incorporation doctrine
Definition
the supreme court's utilization of the fourteenth amendment to find bill of rights limitations on state and local governments
Term
first amendment
Definition
free speech
Term
prior restraint
Definition
restaints on a publication before it is actually published
Term
commercial speech
Definition
oral, written, and other forms of communication used in advertising and in other business activities
Term
hate speech
Definition
words spoken, written, or symbolized (e.g. by placing burning crosses on private lawns) that express irrational and false ideas that insult and demean certain persons or classes od persons
Term
exclusionary rule
Definition
the court-made rule that precludes the use in criminal court proceedings of any evidence improperly obtained by the prosecution
Term
compulsory process
Definition
(a) the right guaranteed by the sixth amendment to every person accused of a crime to require witnesses to appear in his or her favor, by court order. (b) Official action to force a person to appear as a witness in court, at an administrative hearing, or before a legislature
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