Terms : Hide Images
| 13613566768 | Bill of rights | The first ten amendments to the Constitution | 0 | |
| 13613566769 | 1st Amendment | Deals with religion in two matters -The establishment clause- allows freedom of religion -the free Excercise clause | 1 | |
| 13613566770 | Establishment Clause | Allows freedom of religion, speech, press assemble. - gov. Can not say US has one religion *Can the gov act* | 2 | |
| 13613566771 | Free exercise clause | -have the right to believe in what you want you want but gov can't restrict religious practices *can INDIVIDUALdo something?* | 3 | |
| 13613566772 | Prayer cases | Engel v vitale Wisconsin V Yoder | 4 | |
| 13613566810 | Instruction cases | 5 | ||
| 13613566811 | Free exercise cases | 6 | ||
| 13613566812 | Lemon Test (SAE) | 7 | ||
| 13613566773 | Clear and Present Danger | Government can interfere with speech if it will lead to evil or illegal acts. -unprotected speech | 8 | |
| 13613566813 | Bad/Danger Tendency | 9 | ||
| 13613566774 | Obscenity | In miller V California the 3 part definition is. A) works appeals predominately to encourage interest B) depicts or describes sexual conduct in patently offensive way C) lacks serious literary, artistic, political or scientific value. | 10 | |
| 13613566775 | Fighting Words Doctrine | One major category of unprotected speech (basically verbal assault); Exception created in Chaplinsky v. NH (1942) -words=injury -speech=peace | 11 | |
| 13613566776 | Libel | A written defamation of a person's character, reputation, business, or property rights. | 12 | |
| 13613566777 | Slander | spoken untruths that are harmful to someone's reputation | 13 | |
| 13613566778 | Symbolic speech | -non verbal/ non written forms of communication ^ protected by 1st amendment - more regulated than other speech forms. | 14 | |
| 13613566779 | Texas v. Johnson | A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment. | 15 | |
| 13613566780 | prior restraint | government censorship of information before it is published or broadcast | 16 | |
| 13613566781 | 4th Amendment | Right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and no warrant shall issue but upon probable cause | 17 | |
| 13613566782 | PPHE | -the 4 places that are protected by the 4th amendment against unreasonable search Houses Effects- cars bags Persons- DNA, fingerprints Papers- medical warrants ^ these can all be searched with search warrant | 18 | |
| 13613566783 | Search warrant (2 necessities) | Consent | 19 | |
| 13613566784 | probable cause | Standard by which police have reason to obtain a warrant for arrest of suspected criminal. | 20 | |
| 13613566785 | New Jersey V TLO | Issue: Does school searches of people's bags violate the 14th amendment? Outcome: school administration have the right to go through your bags since you are on their property but only when their searches are reasonable. ^ en loco parentis - administrator act as parent. | 21 | |
| 13613566786 | En loco parentis | in the place of a parent | 22 | |
| 13613566787 | reasonable standard | Legal standard for arrest in US that is less than probable cause. - must be based on specific and articulable facts. | 23 | |
| 13613566788 | exclusionary rule | - states that police can not use illegal evidence (stuff that they found that wasn't under the search warrant) | 24 | |
| 13613566789 | good faith exception | An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper. | 25 | |
| 13613566790 | Patriot act | This law passed after 9/11 expanded the tools used to fight terrorism and improved communication between law enforcement and intelligence agencies | 26 | |
| 13613566791 | Plain View Doctrine | officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be | 27 | |
| 13613566792 | Consent | permission to do something Police may conduct a search without a search warrant if they obtain consent | 28 | |
| 13613566793 | 5th amendment(5 parts) | Grande jury Double jeopardy Self incrimination Due process Eminent domain | 29 | |
| 13613566794 | Self incrimination (Miranda V Arizona) | -no person shall be witness against himself | 30 | |
| 13613566795 | grand jury | -stop stupid lawsuits (safety net) - says enough merit to go through trial. | 31 | |
| 13613566796 | double jeopardy | Can't be tried for the same crime twice if proven innocent | 32 | |
| 13613566797 | Due Process | Government must respect all legal rights that are owed to a person -have to follow legal steps to prosecute someone | 33 | |
| 13613566798 | eminent domain | -no private property be taken for public use without compensation -govt can force you to move and give them land | 34 | |
| 13613566799 | 6th Amendment | -criminal rights 1)speedy and public trial 2) impartial trial 3) confrontation 4) counsel/ lawyer(Gideon v wainwright) | 35 | |
| 13613566800 | speedy and public trial | 6th Amendment right to a fair trial that does not last forever and is not done in secret | 36 | |
| 13613566801 | impartial jury | group of citizens sworn to give a bias-free verdict in a trial, who have nothing to gain or lose as a result of the outcome of the case -defendant is protected against a juror | 37 | |
| 13613566802 | right to counsel(Gideon V wainwright) | Help. Of a lawyer is guaranteed to a criminal | 38 | |
| 13613566803 | Map v. Ohio | -fourth amendment case Issue: could evidence that goes against fourth amendment be used in court? Outcome: -fourth amendment applies to states evidence cannot be brought to court. -this also brought the exclusionary rule, which means that you cannot use illegal evidence | 39 | |
| 13613566804 | Schneck v. US | First amendment *unprotected speech of 1st amendment Issue: can a government limit speech during wartime that would allow during peace Outcome: court said espionage act was constitutional -free speech is not an absolute right | 40 | |
| 13613566805 | Engel v. Vitale | Issue: can schools for students to stay in school for one religion Outcome: 1) violates neutrality because government wrote the prayer 2). Ruled it violated the First Amendment no official religion was established a permit those to pray | 41 | |
| 13613566806 | Wisconsin v. Yoder | Forcing Amish kids to go to school past eighth grade Outcome: unconstitutional because they are allowed to homeschool | 42 | |
| 13613566807 | Tinker v. Des Moines | -speech case Issue: does prohibit Tatian against wearing wristbands for protesting violet students free speech in the first amendment? Outcome: yes armbands represent speech kids didn't lose their first amendment rights -can only make unconstitutional when it's substantially interferes with education process (kid with drug on shirt) | 43 | |
| 13613566808 | MacDonald v. Chicago | Issue: does the second amendment apply to the state government because of the 14th amendment privileges and immunities or not? Outcome: The supreme court ruled in favor of the second amendment. Increase the power of the 14th amendment privileges and immunities of the citizens against the state because the supreme court with the state does not have the power to take the Second Amendment away from citizens. | 44 | |
| 13613566809 | 8th Amendment | Firman V Georgia- unusual death | 45 |
