Bar exam study flashcards !

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1
Q

due process

A

The concept that the government must follow clear rules and act reasonably as it carries out the law

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2
Q

definition of the bill of rights

A

A formal listing of the basic rights of people in the united states

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3
Q

what is the definition of a defendant

A

A person who is required to defend themselves in a legal action. An example of this is an accused person who is being put n trial for a crime

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4
Q

what is the meaning of double jeopardy

A

putting a person on trial more than once for the same crime

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5
Q

meaning of constitution

A

the principles, structures, and laws of a government

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6
Q

self incrimination

A

giving testimony that can be used against oneself

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7
Q

checks and balances

A

a system in which the different branches of governmental check each other to make sure that one branch does not become too powerfull

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8
Q

warrant

A

an order from a judge that authorizes police or other officials to take a specific action, such as searching someone’s property

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9
Q

precedent

A

a legal principle developed by the courts and refers to the decision made that will serve for the future

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10
Q

articles of confederation

A

the first constitution of the usa

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11
Q

northwest ordinance

A

The northwest ordinance was a land agreement that created the northwest territory letting the united states expand into the great lakes area and it told the territories how to become a state

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12
Q

the great compromise

A

An agreement between delegates at the Constitutional Convention to balance large and small states’ power by creating two houses. The House of Representatives is based on population, which helps large states. The Senate allows two representatives from each state, which helps small states

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13
Q

the 3/5th compromise

A

The event determined that 3 out of every 5 slaves was counted when determining a state’s total population for legislative representation and taxation

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14
Q

electoral college

A

The body of the elector chosen from each state to elect the president and vice president of the united states

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15
Q

ratification

A

Sign or give formal consent to a treaty, contract, or agreement making it officially valid

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16
Q

legislative branch

A

The legislative branch is made up of the house and senate known as congress

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17
Q

executive branch

A

The executive branch carries out the nation’s laws and policies

18
Q

judicial branch

A

The judicial branch is part of the government that holds the power to interpret laws to find out what they mean and ensure they are constitutional

19
Q

preamble

A

the beginning of the constitution, starting with “we the people” and setting the goals for the constitution

20
Q

popular sovereignty

A

A government in which the people rule

21
Q

federallism

A

A system of government in which power is divided between the states and the national government

22
Q

separation of powers

A

The powers are separated between the state and national government

23
Q

majority rule

A

the principle that the greater number should exercise more power

24
Q

amendment

A

A minor change or addition designed to improve a text piece of legislation etc

25
Q

amendment process

A

A process of altering or amending a law or document by parliament or constitutional procedure

26
Q

constitutional convention

A

A meeting of state delegates in 1787 for Philadelphia called to revise the articles of confederation

27
Q

who wrote the bill of rights?

A

James madison

28
Q

who is the father of the constitution

A

James madison

29
Q

why did American leaders decide to hold a constitutional government?

A

The point of the event was to decide how America was going to be governed

30
Q

what fears did American leaders and the people have about the new constitution?

A

They fear that the national government would be too powerful and threaten individual liberties

31
Q

1st amendment

A

There is no law that will be related to religion but you have the freedom of religion speech petition and press

32
Q

2nd amendment

A

You have the right to own a gun for the security of your home

33
Q

3rd amendment

A

You don’t have to let someone in your home if I wanted but if wanted you may invite them in

34
Q

4th amendment

A

you have a right to say no to unreasonable searches and seizures against the law if they don’t have a warrant that has been given with permission from a judge

35
Q

5th amendment

A

The right to remain silent when being arrested and in court. you can’t be tried twice for the same crime. you have the right to a grand jury. the judge cannot assume at first you are guilty. the government must give you an equal exchange for your property

36
Q

6th amendment

A

The right to a public trial. the right to speedy trial .right to a partial judge. the right for the defendant to get an attorney

37
Q

7th amendment

A

Protect the citizen’s civil cases can be heard and decided upon by a jury of their peers

38
Q

8th amendment

A

The 8th Amendment prohibits cruel and unusual punishments but also mentions excessive finds and bail

39
Q

9th amendment

A

all rights not listed in the Constitution belong to the people.

40
Q

10th amendment

A

The states have all rights not specifically forbidden or not given to the federal government by the constitution. for example, the state of Missouri can regulate its own school system but it cannot declare war on France