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Business Law > Exam 1 (The Constitution) > Flashcards

Exam 1 (The Constitution) Flashcards

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1
Q

Article I

A

Legislative article:

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2
Q

Article II

A

Executive article:

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3
Q

Article III

A

Judicial article:

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4
Q

Article IV

A

States’ Relations:

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5
Q

Article V

A

Mode of Amendment:

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6
Q

Article VI

A

Prior Debts, National Supremacy, Oaths of Office:

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7
Q

1st Ammendment

A
  1. Religion
  2. Speech
  3. Press
  4. Peaceable Assembly
  5. Petition the Government

The only exception made is when granting these rights allows people to violate criminal law.

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8
Q

2nd Ammendment

A
  1. Right to bear arms

2. Right to have a “well regulated militia”.

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9
Q

3rd Ammendment

A

Quartering soldiers: If soldiers come to your house and demand to stay there, you can say “no”.

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10
Q

4th Ammendment

A

Search & Seizure:

  1. Exclusionary Rule - Improperly collected evidence is inadmissible in court.
  2. Search warrants require probable cause.
  3. Search warrants must be issued by a “neutral magistrate”.

(probable cause can be a very small protection, but it’s more than nothing.

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11
Q

What is a reasonable search and seizure?

A
  1. Stop & Frisk: Mere suspicion
  2. Incident to a lawful arrest: If someone is arrested, they can be searched along with the area they were arrested in.
  3. Incarceration: You can be searched if you are in prison
  4. Under authority of a search warrant.
  5. Probable cause, but no time to get a warrant.
  6. Vehicle Lawfully in Custody: (Traffic violation or something similar)
  7. Evidence in plain view.
  8. Consent to Search.
  9. Any other reasonable search and seizure.
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12
Q

5th Ammendment

A

Right of Persons:

  1. Self incrimination: (only applies to criminal penalties, which include fine, imprisonment, and death).
  2. Indictment for capital or infamous crimes: (Indictment means there is enough evidence to precede to trial)( Grand Juries are those that decide on indictments).
  3. Double Jeopardy.
  4. Due Process
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13
Q

Types of Due Process

A

Procedural:

a) Reasonable Notice
b) Fair Hearing
(Laws can be challenged on all the following)
c) Too Broad
d) Too Narrow
e) Too Vague

Substantive:

a) Does it have a proper purpose?
b) Does the penalty bear a reasonable relationship to that purpose?
c) Is the law arbitrary?
d) Discriminatory in its application?

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14
Q

6th Ammendment

A

Right of Accused in Criminal Prosecutions:

  1. Speedy trial: (varies according to the severity of the crime).
  2. Impartial Jury.
  3. Must be informed of the accusation (arraignment).
  4. Confrontation of witnesses (cross examination).
  5. Ability to obtain witnesses in your favor.
  6. Right to an attorney at any critical stage.
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15
Q

8th Ammendment

A

Further Guarantees in Criminal Cases:

  1. Prohibits excessive bail
  2. Prohibits “cruel and unusual punishment”
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16
Q

9th Ammendment

A

Uninumerated Rights: People retain all rights that aren’t explicitly given to them.

17
Q

10th Ammendment

A

Reserved Powers: States retain any powers not given to the federal government.

18
Q

13th Ammendment

A
  1. Slavery

2. Involuntary servitude (except for crimes)

19
Q

14th Ammendment

A
  1. Ammendments 1,2,4,5,6, & 8 now apply to the states
  2. 3 Clauses:
  • Privileges and Immunities Clause (article 4) (states can’t discriminate against citizens of other states)
  • Due Process
  • Equal protections clause now applies to the federal government.
20
Q

15th Ammendment

A

Any citizen can vote (meaning men)

21
Q

18th Ammendment

A

Prohibition (pushed through by women)

22
Q

19thAmmendment

A

Women can vote (pushed through by women)

23
Q

21st Ammendment

A

Repealed the prohibition

24
Q

26th Ammendment

A

changed the voting age to 18

25
Q

What is voire dire?

A
  • Literally: see, speak
  • Jury selection process
  • Pre-emptory challenges: both the prosecution and defense can dismiss up to 3 witnesses for any reason.
  • Juries are 12 members for criminal cases and 8 for misdemeanor cases.
26
Q

How to recognize tyranny

A
  1. Centralization
  2. Kills other people
  3. Kills its own people
  4. Great architecture
  5. Spectacles (parades and such)
  6. Pretty (gardens and such)
27
Q

What is defamation of character?

A

Some thing that is false or creates:

  1. A false impression
  2. Is published
  3. Must injure reputation
  4. Public officials have the added burden of showing malicious intent.
28
Q

What is the Equal Protections Clause?

A

Focuses on classifications:

  • No arbitrary or unreasonable classifications
  • for the following classifications, the burden of proof is on the government. Otherwise, it is on the plaintiff
1. Unconstitutional: 
Race
2. Inherently Suspect (compelling state interest)
Residency
Aliens
3. Suspect: reasonably or rationally related interest
Sex or gender
Illegitimate children
Zoning or voting districts
Age
Indigency (poor people)
Felons or prisoners

Business Law (6 decks)

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