Shared Flashcard Set

Details

OK CLA/CP Exam
American Legal System
41
Law
Undergraduate 4
07/07/2011

Additional Law Flashcards

 


 

Cards

Term
1st (I) Amendment
Definition
Freedom of: Speech, religion, press, peaceable assembly,and to Petition the Government for redress of grievances.
Term
2nd (II) Amendment
Definition
Well regulated militia, being necessary to the security of a free state; Right to keep & bear arms.
Term
3rd (III) Amendment
Definition
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Term
4th (IV) Amendment
Definition
Right to: be secure in their persons, houses, papers and effects, against unreasonable search & seizure; No warrants issued without probable cause, supported by oath or affirmation, particularly describing the place to be searched, & persons or things to be seized.
Term
5th (V) Amendment
Definition
Shall not be held to answer for a capital or infamous crime unless on a presentment or indictment of Grand Jury; Double Jeopardy; witness against himself; Due Process; Private property shall not be taken for public use with out compensation.
Term
6th (VI) Amendment
Definition
Right to: Speedy Trial by impartial jury of peers; To be informed of charges; Confronted with witnesses against him; Obtain witnesses in his favor; Attorney.
Term
7th (VII) Amendment
Definition
In common law cases, the right to trial by jury is preserved; no fact tried by a jury shall be reexamined in any court of the US, than according to the rules of common law.
Term
8th (VIII) Amendment
Definition
Freedom from: Excessive bail or fines; cruel & unusual punishment.
Term
9th (IX) Amendment
Definition
Rights in Constitution shall not be construed to deny or disparage others retained by the people.
Term
10th (X) Amendment
Definition
Powers not given to the people or prohibited by the US Constitution shall be reserved to the States or the People.
Term
14th (XIV) Amendment
Definition
All persons born or naturalized & subject to US jurisdiction are US Citizens; No state shall make law that deprives any person of life, liberty, or property without due process; nor deny equal protection.
Term
Court enters an order sua sponte...
Definition
the court enters the order on its own motion rather than on the motion of counsel.
Term
Science or System of Law is...
Definition
jurisprudence
Term
The power of a court to hear a particular matter and to render a decision on the merits is determined by the Court's...
Definition
Jurisdiction
Term
Summons or Complaint
Definition
Notice of suit issued by Court to a Defendant
Term
Rendered by a jury at the end of a trial...
Definition
Verdict
Term
False testimony given under oath...
Definition
Perjury
Term
1st 10 Amendments
Definition
Bill of Rights
Term
Article I of the Constitution forbids...
Definition
Bill of Attainder
Term
The right to privacy is contained in the ______ Amendment?
Definition
4th
Term
Marbury v. Madison
Definition
Establishes the doctrine of judicial review.
Term
______ is binding on the participants?

______ is not binding?
Definition
Arbitration

Mediation
Term
The terms Adjective Law & Procedural Law are ____?
Definition
Synonymous
Term
_____ can never be waived by the parties or by the Court?
Definition
Subject Matter Jurisdiction
Term
The principals of ____ determine the place where a case is tried.
Definition
Venue
Term
A statute that is enacted in 2011 that provides that anyone convicted of an obscenity law in 1993 would be subject to an additional 5 year jail term violates the Constitution as a _____.
Definition
ex post facto law
Term
Conflict of laws statutes are designed to...
Definition
prevent forum shopping.
Term
Congress may reduce or enlarge the ______ of the US District Court.
Definition
subject matter jurisdiction
Term
T/F. Laws relating to inter vivos trusts are examples of private laws.
Definition
True
Term
US Supreme Court has ___ justices.
Definition
9
Term
res judicata
Definition
Doctrine that prevents a person from seeking relief on the same issues and against the same parties.
Term
Defendants do not have to testify against themselves in criminal trial because of the prohibition contained in _______.
Definition
5th Amendment
Term
Restitution may be awarded in ____ or ____ cases.
Definition
contract ; tort
Term
The right to a speedy trial is protected by _____.
Definition
6th Amendment
Term
Congress (if it chose to do so) could change the jurisdiction of...
Definition
any federal court except the Supreme Court.
Term
Requirement of Miranda Warning is based on...
Definition
the 5th Amendment.
Term
What is filed to appeal a case to the US Supreme Court?
Definition
Petition for writ of certiorari.
Term
Two sources of primary law.
Definition
Court decisions and legislative enactments
Term
States are required to ensure due process because of ___ and ___.
Definition
5th ; 14th Amendments
Term
The _____ is one of limited powers.
Definition
federal government
Term
_____ courts exercise limited jurisdiction.
Definition
Federal
Supporting users have an ad free experience!