Term
Who all can pass statutory law? |
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Definition
State legislatures and municipal ruling bodies or other governmental bodies. |
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Term
What does "stare decisis" mean? |
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Definition
Previously decided cases should be followed unless there is a good, legal reason to change the previous decisions. |
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Term
What power does the supreme court use that it was not given by the constitution? |
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Definition
The power to interpret the Constitution or statutes, but it didn't explicitly say they couldn't so they assumed that power during the Marbury V. Madison case. |
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Term
What issue is brought up in every session of Congress? |
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Definition
The anti-flag burning amendment. Congress has not taken any further action on the amendment though. |
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Term
What are Substantive laws? |
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Definition
They define rights and duties. They are also seen as the "meat" of or "heart" of the law. |
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Term
What are Procedural laws? |
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Definition
The define the procedural means through which violations of rights and duties are remedied. |
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Term
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Definition
An area of the law separate from the traditional common law. It's primary purpose was to avoid unjust results occurring from strictly following the rules to the common law. |
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Term
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Definition
When the common law's refusal to enforce a contract du to some technical deficiency resulted in an unjust result, equity was used to save the contract and prevent the injustice. |
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Term
What case involved taxing the Fed and what state did it involve? |
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Definition
MacCulloch V. Maryland Maryland taxed all banks in Maryland which included the Fed, citing the 10th Amendment (Reserved Power Clause) as it's reason. The Fed argued the Necesaary and Proper clause gave it the right to operate the Fed tax free. |
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Term
What are the nick names for the Necessary and Proper Clause? |
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Definition
Inherent Powers Clause Implied Powers Clause Elastic Clause |
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Term
Main reason why the civil war was fought? |
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Definition
States rights, primarily states rights to own slaves. |
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Term
What case made white primary elections unconstitutional? |
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Definition
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Term
What are the limitations of the Commerce Clause? |
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Definition
The federal government must prove that any Federal imposing on states rights must affect interstate commerce in a significant way. |
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Term
What are the two types of Due Process? |
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Definition
substantive and Procedural |
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Term
What does Substantive Due Process entail? |
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Definition
It involves the content or "meat" of the law of governmental action. This is where the sliding scale is very obvious. If the government can show a rational relation for the legislation to a legitimate government interest, then the legislation provides substantive due process. |
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Term
What is statutory law also referred to? |
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Definition
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Term
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Definition
Congress' extensive power to pass laws. |
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Term
What is common law often referred to as? |
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Definition
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Term
What was Texas V. Johnson about? |
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Definition
The Supreme court ruled Texas' flag burning law as being unconstitutional because it was too restrictive on the 1st amendment. |
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Term
What is the Uniform Commercial Code? |
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Definition
It is a codification, making common law into statutory law, of the common law rules related to commercial activity. |
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Term
What was Shay's Rebellion all about? |
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Definition
Farmers banning together to close down banks that were foreclosing on farmers land after the Revolutionary War. No one ever killed |
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Term
Who wrote the Federalist Papers and what were they about? |
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Definition
-James Madison, John Jay, and Alexander Hamilton. -They were written and distributed to rally support for ratification of the Constitution. |
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Term
What was the Youngstown Sheet & Tube Co V. Sawyer case about? |
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Definition
Executive order from Truman for the steel mills to stay off strike during WWII, but the Supreme Court ruled that order as unconstitutional. |
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Term
What was Gibbons V. Ogden about? |
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Definition
The Supreme Court determined that the Commerce Clause allowed Congress to legislate with respect to all "commerce which concerns more states than one." |
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Term
What was NLRB V. Laughlin Steel Corp about? |
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Definition
Supreme Court upheld ruling in Gibbons V. Ogden whereby Congress could stop a work stoppage if it significantly impacted interstate commerce. |
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Term
What was Wickard V. Filburn about? |
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Definition
Supreme court upheld congressional control of a farmer's production of wheat for home use because the cumulative effect of home consumption of wheat by many farmers would alter the interstate commodity market. |
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Term
What was Plessy V. Ferguson about? |
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Definition
The Supreme Court created the doctrine of "Separate but Equal". |
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Term
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Definition
Spick kid brings gun to school and Commerce clause is used to enforce a federal gun law. Declared unconstitutional. |
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Term
What was Printz V. United States about? |
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Definition
Supreme Court ruled random background checks by local law enforcement regarding handgun owners as unconstitutional |
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Term
What was Barron V. Baltimore about? |
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Definition
The Supreme Court held that the Bill of Rights did not apply to the states. But, with the 14th amendment the Bill of Rights has been increasingly applied to the states through the doctrine of incorporation. |
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Term
What was Gitlow V. New York about? |
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Definition
Gitlow published socialist papers urging workers to over throw the Government. New York put him in jail for sedition. Gitlow had the case appealed and cited the 5th and 14th amendment for due process which also implied his 1st amendment rights to be upheld which made New York's sedition law unconstitutional. This gave birth to the Doctrine of Incorporation. |
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Term
What was District of Columbi V. heller and McDonald V. City of Chicago about? |
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Definition
Both places had anti-gun laws which was said to be unconstitutional and thus, gave states the rights to the 2nd amendment. |
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Term
What was Stromberg V. California about? |
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Definition
Stromberg displayed a red flag as opposition to the US government. |
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Term
What was Morse V. Frederick about? |
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Definition
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Term
What was Virginia V. Black about? |
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Definition
cross burning by the Klu Klux Klan, ruled hate crime and it was upheld. |
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Term
What was Chaplinsky V. New Hampshire about? |
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Definition
Fighting words not being a part of free speech. |
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Term
What is the Solomon Amendment? |
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Definition
Public institutions will lose federal funding if they don't allow military recruiters in for recruiting. |
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Term
Garcetti et al. V. Ceballos |
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Definition
Supreme court ruled that employees don't have first amendment protection when talking about their job, but otherwise, they do. |
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Term
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Definition
Purley Commercial speech is not protected by the 1st amendment. |
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Term
Virginia State Board of Pharmacy V. Virginia Consumer Council |
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Definition
Supreme Court overturned Chrestensen and allowed pharmacist to advertise prices of prescription drugs. |
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Term
Central Hudson Gas and Electric Corp. V. Public Service Commission of New York |
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Definition
This case illustrates a four part test to see if there is a undue burden on commercial speech. 1. Is the speech legal 2. is the governmental interest substantial 3.does the regulation of speech directly advance that governmental interest. 4. Does the regulation of speech go too far than is necessary to advance that governmental interest. |
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Term
Rubin V. Coors Brewing Co |
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Definition
Supreme court overturned decision that now allowed beer companies to place alcohol content on cans. |
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Term
First National Back of Boston V. Bellotti |
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Definition
Supreme Court struck down a Massachusetts's statute prohibiting corporate political speech. |
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Term
Board of Regents of the University of Wisconsin V. Southworth |
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Definition
Gay and lesbian student club |
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Term
Bipartisan Campaign Reform Act of 2002 |
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Definition
Restricted corporations and labor unions from donating money towards "electioneering communication" |
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Term
Citizens United V. Federal Election Commission |
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Definition
over turned Bipartisan Campaign Reform Act of 2002 |
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Term
McConnell V. Federal Election Commission |
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Definition
"I am Obama and I approve this message." |
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Term
What is the Establishment Clause? |
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Definition
The US can't establish a national religion. |
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Term
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Definition
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Term
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Definition
You can believe whatever you want, but doesn't mean you can always practice it. |
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Term
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Definition
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Term
County of Allegheny V. American Civil Liberties Union, Greater Pittsburgh |
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Definition
Manger with "Glory to God in the Highest" |
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Term
Van Orden V. Perry and McCreary County , Kentucky V. American Civil Liberties Union of Kentucky |
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Definition
Religious pictures displayed |
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Term
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Definition
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Term
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Definition
police don't need warrant if they believe someone is seriously injured or threatened. |
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Term
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Definition
Threw out the "knock and announce" rule. |
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Term
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Definition
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Term
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Definition
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Term
Kelo V. City of New London |
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Definition
decision on what "public use" really was regarding Eminent Doman. |
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Term
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Definition
Equal protection of the laws |
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Term
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Definition
Compulsory sterilization of habitual criminals. |
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Term
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Definition
Supreme Court struck down law that prohibited contraceptives. |
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Term
What is "Preponderance of the evidence"? |
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Definition
"Beyond a reasonable doubt" |
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Term
How many court of appeals does Texas have? |
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Definition
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Term
What does "en banc" mean? |
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Definition
Which means all judges will hear the case. |
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Term
Texas Court of Criminal appeals characteristics. |
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Definition
-Nine members -Justice is elected -Six year terms |
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Term
Texas Supreme Court characteristics. |
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Definition
-Nine members -Six year terms -Determins civil rules of procedure for attorneys in trial practice, licensing of the State Bar |
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Term
Federal Courts of Appeals Characteristics. |
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Definition
-13 Circuits -Not uncommon for each circuit to rule differently on the same issue. |
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Term
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Definition
White kid not getting into UT law school because of racial acceptance policy. |
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Term
Grutter V. Bollinger, Gratz V. Bollinger, Regents of University of California V. Bakke |
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Definition
Racial admittance issue for law schools |
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Term
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Definition
A Writ that is issued whenever four Supreme Court justices vote in secret proceedings to review a case. |
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Term
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Definition
In the United States, certiorari is most often seen as the writ that the Supreme Court of the United States issues to a lower court to review the lower court's judgment for legal error (reversible error) and review where no appeal is available as a matter of right. |
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Term
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Definition
"Sue someone in your own state." |
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Term
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Definition
If sued by another person in their home state then you have the right to have the case removed and placed into a federal district court. |
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Term
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Definition
A way to obtain territorial jurisdiction over a non resident defendant by the fact that the state is given territorial jurisdiction over property located within that state and that property must also be the subject matter of the case. |
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Term
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Definition
rules that make it to where a case must be heard in a court that is convenient for all parties. |
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Term
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Definition
a court system that will not decide lawsuits unless there is a true case or controversy between the parties to the action. |
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Term
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Definition
a written set of facts that one party request the other to admit as being true. |
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Term
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Definition
used when the attorney feels that the prospective juror cannot be fair and impartial in this type of case due to some bias that the juror has. |
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Term
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Definition
it can be used without the judges permission, but are limited to the type of case. |
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Term
What is the Exclusionary Rule referred to as? |
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Definition
"Fruit of the Poison Tree" |
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Term
What is the good faith rule? |
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Definition
Officers are allowed to play dumb in order to illegally enter evidence for a trial. |
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Term
Miranda Warnings only apply when... |
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Definition
You are in a custodial investigation. |
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