Bar exam study flashcards !

Question 1

due process

Answer 1

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

Question 2

definition of the bill of rights

Answer 2

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

Question 3

what is the definition of a defendant

Answer 3

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

Question 4

what is the meaning of double jeopardy

Answer 4

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

Question 5

meaning of constitution

Answer 5

the principles, structures, and laws of a government

Question 6

self incrimination

Answer 6

giving testimony that can be used against oneself

Question 7

checks and balances

Answer 7

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

Question 8

warrant

Answer 8

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

Question 9

precedent

Answer 9

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

Question 10

articles of confederation

Answer 10

the first constitution of the usa

Question 11

northwest ordinance

Answer 11

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

Question 12

the great compromise

Answer 12

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

Question 13

the 3/5th compromise

Answer 13

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

Question 14

electoral college

Answer 14

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

Question 15

ratification

Answer 15

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

Question 16

legislative branch

Answer 16

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

Question 17

executive branch

Answer 17

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

Question 18

judicial branch

Answer 18

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

Question 19

preamble

Answer 19

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

Question 20

popular sovereignty

Answer 20

A government in which the people rule

Question 21

federallism

Answer 21

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

Question 22

separation of powers

Answer 22

The powers are separated between the state and national government

Question 23

majority rule

Answer 23

the principle that the greater number should exercise more power

Question 24

amendment

Answer 24

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

Question 25

amendment process

Answer 25

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

Question 26

constitutional convention

Answer 26

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

Question 27

who wrote the bill of rights?

Answer 27

James madison

Question 28

who is the father of the constitution

Answer 28

James madison

Question 29

why did American leaders decide to hold a constitutional government?

Answer 29

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

Question 30

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

Answer 30

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

Question 31

1st amendment

Answer 31

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

Question 32

2nd amendment

Answer 32

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

Question 33

3rd amendment

Answer 33

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

Question 34

4th amendment

Answer 34

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

Question 35

5th amendment

Answer 35

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

Question 36

6th amendment

Answer 36

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

Question 37

7th amendment

Answer 37

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

Question 38

8th amendment

Answer 38

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

Question 39

9th amendment

Answer 39

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

Question 40

10th amendment

Answer 40

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