Unit 3 Test Flashcards

(39 cards)

1
Q

Weeks vs United States

A
  • Exclusionary rule on the federal level

- Evidence gathered illegally can not be used in a court of law

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2
Q

Mapp vs Ohio

A

Applied the exclusionary rule to the state

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3
Q

Katz vs United States

A

The fourth amendment protects people not just places

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4
Q

T.L.O. vs New Jersey

A

Reasonable suspicion

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5
Q

California vs Greenwood

A

Reasonable expectation of privacy

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6
Q

Vernonia School District vs Acton

A

Random drug testing was allowed in schools

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7
Q

Lemon vs Kurtzman

A

Lemon Test

1) A secular or non religious purpose
2) Either helped or hurt the religion
3) Not result in “excessive entanglement” of the government and the religion

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8
Q

Engel vs Vitale

A

Established prayer in school is unconstitutional

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9
Q

Texas vs Johnson

A

Flag burning is constitutional if it has a political purpose

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10
Q

Brandenburg vs Ohio

A

Imminent lawless actions

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11
Q

Miller vs California

A

Obscenity law standards

1) contemporary community standards
2) states can conduct their own state laws
3) lacks value

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12
Q

Near vs Minnesota

A

Court developed the doctrine of prior restraint

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13
Q

NY Times vs Sullivan

A

Public officials are held to higher standards

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14
Q

Feiner vs New York

A

Speech can be stopped if it starts a riot

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15
Q

Affidavit

A

A formally sworn statement

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16
Q

Bail

A

Money or other security given to obtain an arrestol persons release from legal custody, which is forfeited if the individual subsequently fails to appear before the court for trial

17
Q

Capital Punishment

A

The use of the death penalty by a judicial system

18
Q

Cruel and Unusual Punishment

A

A criminal sanction or penalty that is not in accord with the moral standards of a humane and compassionate society. The 8th amendment prohibits such punishments

19
Q

Double Jeopardy

A

The provision in the 5th amendment to the U.S. constitution that a person may not be tried twice for the same crime

20
Q

Establishment Clause

A

The part of the first amendment that prohibits government from declaring an official religion

21
Q

Exclusionary Clause

A

The rule established by the U.S. supreme court that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in trial

22
Q

Free Exercise Clause

A

The part of the first amendment stating that congress shall make no laws that prevent people from holding whatever religious beliefs they choose or that unfairly or unreasonably limit the right to practice religious beliefs

23
Q

Grand Jury

A

A panel of jurors designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to the warrant trials

24
Q

Indictment

A

A formal charge by a grand jury accusing a person of having committed a crime

25
Libel
Published words or pictures that falsely and maliciously defame a person
26
Plea Agreement
Pleading guilty to a lesser crime than that charged by a prosecuter
27
Probable Cause
Reasonable grounds for presuming that a crime has been or is in the process pf being committed. Provided for in the fourth amendment
28
Right Against Self-Incrimination
A guarantee found in the 5th amendment against being compelled in only criminal case to be a witness against oneself
29
Right to Assemble
The right or legal claim provided for in the first amendment that allows people to meet to discuss and express their beliefs, ideas, or feelings, especially in a political context
30
Right to Counsel
Part of the right to a fair trial, allowing for the defendant to be assisted by an attorney, and if the defendant cannot afford counsel, requiring that they state appoint an attorney or pay the defendants legal fees
31
Right to Petition
The legal claim that allows citizens to urge their government to correct its wrongs and injustices or to take some other action
32
Search
Intrusion into someones privacy
33
Seizure
Interference with a persons property or freedom of movement
34
Separation of Church and State
Citizens having a right to any religion but states government cant favor one specific religion
35
Warrant
A document issued by a judge that authorized law enforcement officers to carry out a search
36
Civil Liberties
Freedom of speech/religion/press/assembly/unreasonable search and seizure
37
Civil Rights
Right to due process/trial by jury/legal counsel/to vote/petition the government
38
Incorporation
Process by which the supreme court applies the Bill of Rights to states through the due process clause og the 14th amendment
39
Prior Restraint
An attempt by government to prevent the publication/broadcast of material