Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Business Law > Constitutional Law > Flashcards

Constitutional Law Flashcards

1
Q

Federal Form of Government

A

The national Gov and the states share sovereign power, constitution gives the Feds power and all else is reserved to the states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

3 Branches of Gov.

A

Legislative (makes laws), Executive (enforces laws), judicial (interprets laws)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Police Powers

A

Powers possessed by states as part of their inherent sovereignty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Preemption

A

Certain federal laws take precedence over conflicting state or local laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Bill of Rights

A

First 10 Amendments to the Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Amendment One

A

Freedom of Speech, religion, press, and the right to assemble peaceably and to petition the Gov.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Amendment Two

A

Right to keep and bear arms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Amendment Three

A

Prohibits, in peacetime, the lodging of soldiers in any house without the owners consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Amendment Four

A

Prohibits unreasonable search and seizures of persons or property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Amendment Five

A

Can’t be tried twice, may remain silent, right to a grand jury trial and fair payment when private property is taken for public use, right against self-incrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Amendment Six

A

Right to a speedy and public trial by an impartial Jury and with counsel, accused has right to cross-examine witnesses and can call their own witnesses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Amendment Seven

A

Right to a trial by jury in a civil case involving >$20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Amendment Eight

A

Prohibits excessive bails and fines and cruel and unusual punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Amendment Nine

A

People have rights additional to those specified in the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Amendment Ten

A

All powers not delegated to the Federal or State powers are reserved for the states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Establishment Clause

A

Freedom of Religion, prohibits congress from establishing a religion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Due Process Clause

A

Provisions of the 5th and 14th Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Free Exercise Clause

A

Freedom of Religion, Prohibits congress from a law “prohibiting the free exercise” of religion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Procedural Due Process

A

Requres that any Gov. decision to take life, liberty, or property, must be made fairly, opportunity to object to a proposed action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Substantive Due Process

A

Focuses on the content of legislation, can’t limit a fundamental right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Fundamental Rights

A

Interstate travel, privacy, voting, all 1st amendment rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Equal Protection Clause

A

Provision in the 14th Amendment that guarantees that a state may not “deny to any person within its jurisdiction the equal protection of the laws”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Article I, Section 1

A

Creates senate and house, grants legislative power (creation and changing of laws)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Article I, Section 2

A

House of Representatives is created, 2 yr term, elected by state, must be +25 yrs, +7 yr citizen, and resident of state, at least one rep. per state, 435 max members, leader is speaker of the house, holds power of impeachment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Article I, Section 3
Senate is created, term is 6 yrs with starggered terms, +30 yrs, +9 yr citizen, resident of state of election, VP is leader of the senate, senate is "Jury" for impeachment
26
Article I, Section 4
States hold authority over elections, congress must meet once per year at least
27
Article I, Section 5
House and senate can create their own rules, quorom (how many members must be present, 2/3), debate time limit, committee structure, procedures for voting, disciplinary actions, each house keeps a journal of proceedings
28
Article I, Section 6
Congress is paid for US treasury, members are protected from arrest, can't be president an in congress, can't be questioned on speech during session
29
Article I, Section 7
All bills for raising revenue start in the house, Senate and House must pass bill then it goes to President
30
President's Options with a bill
Veto (Can be overridden by 2/3 vote in house and senate), pass, or automatically accept if they don't respond in 10 days
31
Article I, Section 8
Congress can lay and collect taxes, borrow money, regulate commerce, necessary and proper clause, declare war, and more
32
Article I, Section 9
Protection of citizens, Habeas cropus, bills of attainder, Ex post facto laws
33
Habeas Corpus
Protection against illegal imprisonment, decent amount of evidence needed
34
Bills of Attainder
Can't punish people without due process law
35
Ex Post Facto Laws
Can't impose criminal liability or increase punishment after verdict even if new law/ruling is made
36
Article I, Section 10
Prohibitions directed to the states, can't keep troops in time of peace, can't engage in war, can't grant titles of nobility, can't coin money, no bills of attainder, can't tax people for entering your state
37
Article III, Section 1
Creates the Supreme Court, all inferior courts are created by Congress, Federal judges serve for life
38
Article III, Section 2
Jurisdiction is the authority of a court to decide a dispute, federal courts hear cases of constitutional questions, Supreme Court has original jurisdiction over cases involving ambassadors, other public ministers and consuls and those in which state shall be a party, right to jury in criminal trial
39
Original Jurisdiction
Power to hear a case first
40
Appellate Jurisdiction
Power to review a case for errors
41
Article III, Section 3
In treason cases two witnesses or confession for the person is required for conviction, congress declares treason punishment, no corruption of blood
42
Corruption of Blood
Family is affected by punishment of guilty family member, can only punish actual person
43
Article IV, Section 1
Full Faith and Credit Laws, states must respect the laws of other states, transferable between states if the person travels
44
Article IV, Section 2
Privileges and Immunities Clause, prohibits some discrimination against nonresidents (public school for all) and criminals are delivered back to convicting state
45
Article V
Constitutional Amendments are proposed and ratified
46
Article VI
Supremacy Clause, Constitution is supreme law of the land
47
Article VII
Discusses ratification, 9 states required
48
Content Regulation
Forbids communication of a specific idea, rarely passed
49
Conduct Regulation
Regulates conduct incidental to speech (usually upheld)
50
Content-neutral time, place, and manner regulation
Allows some unallowed behavior as long as you have a permit
51
Religious Belief
Moral code, sincere belief, doesn't require recognition of a supreme being, can't be a religion of one person
52
Unprotected speech
Defamation, false or deceptive ads, fighting words, obscenity
53
Search
Intrudes into an area where you have a reasonable expectation of privacy and/or physical intrusion by gov. into an area protected by the Constitution
54
Seizure
Control over a person or thing
55
Search Warrant
neutral detached magistrate (judge), probable cause, facts submitted under oath, specific in what you are looking for
56
Exceptions to Warrant Requirement
Plain view, consent, administrative inspections
57
Plain View
Evidence legitimately on premises, immediately appears as evidence (Even if you aren't looking for it but it's easy to see you can take it)
58
Consent
Voluntary and intelligent consent, if they said yes you're good to search
59
Administrative Inspections
Some business searches you don't need a warrant if they are standard inspections that are always done for necessary functioning and safety of the location
60
Miranda Rights
Must be told rights
61
Proportionality Requirement of 8th Amendment
punishment needs to be proportional to the crime
62
Amendment 13
Forbids slavery and involuntary servitude
63
Amendment 14
Citizenship (Born or naturalized), equal protection clause, due process for states
64
Amendment 15
Grants qualified citizens the right to vote

Business Law (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions