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BU211 study guide

BU211 study guide - Chapter 2 Vocab Statutory Law law made...

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Chapter 2 Vocab: Statutory Law- law made by the legislative branch of government . Case Law- law resulting from judicial interpretations of constitutions and statutes. Criminal Law- composed of federal and state statutes prohibiting wrongful conduct ranging from murder to fraud. Civil Law- Law governing litigation between two private parties Preponderance of evidence- a lower standard of proof than “beyond reasonable doubt” ( Used in Civil litigations ) Public law- law dealing with the relationship of government to individual citizens . Private Law- law dealing with the enforcement of private duties Substantive Law- creates and regulates legal rights Procedural Law- sets forth the rules of enforcing substantive rights in a court of law. Chapter 5 Vocab Federalism - system of government in which power is divided between a central authority and constituent political units . ( In US: Federal government and State governments ) Supremacy Clause - provides that the US Constitution and all laws and treaties of the US constitute the supreme law of the land ; found in Article V Federal supremacy - principle that states that any state or local law that directly conflicts with the federal Constitution, laws or treaties is null and void. Federal preemption - in an area in which federal regulation is pervasive, state legislation cannot stand. (Broad federal regulations imply that the federal government meant to be the only one to regulate that area) Separation of powers - constitutional doctrine whereby legislative branch enacts laws and appropriates funds, executive branch sees laws are faithfully executed and judicial branch interprets the laws.
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Commerce Clause - Empowers congress to regulate commerce with foreign nations, with Indian tribes, and among states; Article I Police power -the states retained authority to pass laws to protect the health, safety and welfare of the community. First Amendment - guarantees freedom of speech, press, and religion and the right to peacefully assemble and to petition the government for redress of grievances . Fourth Amendment - protects the rights of individuals to be secure in their persons, homes and personal property by prohibiting the government from conducting unreasonable searches of individuals and seizing their property . Fifth Amendment - protects individuals against self-incrimination and double jeopardy and guarantees them the right to trial by jury ; protects both individuals and businesses through the Due Process Clause and the Takings Clause . Due Process Clause - Provides that no one can be deprived of life, liberty, or property with out “due process of law” ; founding 5 th amendment. Procedural due process - procedural steps to which individuals are entitles before losing their life, liberty, or property.
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