American Jurisprudence Civics Flashcards

1
Q

What is jurisprudence?

A

the theory or philosophy of law

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2
Q

Common sources of rules for legal profession

A
  1. Constitutions
  2. Judicial Decisions (Common law)
  3. Statutes/Codes
  4. Administrative Regulations
  5. Executive Orders and Treaties
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3
Q

What does Article 1 of the Constitution do?

A

Established Legislative Branch to make law, Commerce Clause

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4
Q

What does Article 2 of the Constitution do?

A

Established Executive Branch to Execute/Carry out Law

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5
Q

Article 3 of the Constitution does what?

A

Establishes Judicial Branch to Interpret Law

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6
Q

What does Article 4 of the Constitution do?

A

States- Full Faith and Credit Clause and Privileges and Immunity Clause

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7
Q

Article 5 of the Constitution does what?

A

How to Enact Constitutional Amendments

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8
Q

Article Six of the Constitution does What?

A

Supremacy Clause

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9
Q

Article 7 Of the Constitution does what?

A

Ratification Procedure

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10
Q

Bill of Rights, First Amendment?

A

Establishment Clause, Free Exercise Clause; Freedom of Speech; Freedom of Press; Freedom of Assembly; Right to Petition

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11
Q

Second Amendment?

A

Right to Bare Arms

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12
Q

Third Amendment?

A

Protection form quartering of troops

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13
Q

Fourth Amendment?

A

Protection from unreasonable search and seizure

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14
Q

Fifth Amendment?

A

Due process, double jeopardy, self incrimination, eminent domain

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15
Q

Sixth Amendment?

A

Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

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16
Q

Seventh Amendment?

A

Federal civil trial by jury

17
Q

Eight Amendment ?

A

Prohibition of excessive bail and cruel and unusual punishment

18
Q

Ninth Amendment?

A

Protection of rights not specifically enumerated in the Constitution

19
Q

Tenth Amendment?

A

Residual authority of state governments made explicit

20
Q

What are the three functions of the United States Constitution?

A
  1. Established a strong national government with power separated into three branches
    - Article I: Legislative Branch
    - Article II: Executive Branch
    - Article III: Judicial Branch
    * This is known as horizontal division of power*
  2. Divided power between federal and state governments
    - Known as vertical organization
  3. Protected individual rights
21
Q

Describe the Check on Executive Branch

A

Congress can impeach the president if he or she commits a crime; Congress must confirm some appointments. Supreme Court has the power to review executive actions.

22
Q

Describe the check on Legislative Branch

A

Congress’ bills must be signed into law by President, who may veto bills. Congress is also checked by the judicial branch. Supreme Court has the power to review any law created by Congress

23
Q

Check on Judicial Branch

A

President selects Supreme Court Justices. The Senate must approve these choices

24
Q

Hierarchy Sources of Law

A

United States Constitution
Federal statutes
Federal agency regulations
State constitutions
State statutes
State agency regulations
City/County charters (constitutions)
Local laws and ordinances
Local agency regulations