Amendments and Court Cases
Terms
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- statutory damages
- damages awarded prescribed by law
- Texas v. Johnson
- Court ruled that people have a right to burn the flag as long as it's as a form of speech, not intimidation
- Tinker v. Des Moines
- Court ruled that the children could wear specific armbands and the school can't stop their political thoughts; schools can only ban speech that is "materially and substanstially" going to disrupt the school's educational purpose
- right of assembly
- right to organize with any group peacefully to express their views on public matters
- Right of Privacy Clause
- clause that states a person has right to meet with others and to be secure in their own homes, if legal
- eminent domain, double jeopardy, due process, self-incrimination, and grand jury
- What are the five things the fifth amendment involves?
- no
- do sobriety checkpoints violate search and seizure?
- bill of rights
- what identifies our civil liberties?
- John Peter Zenger
- man who published a truthful, yet negative story about a governor and was sentenced to jail as a result
- Hazelwood v. Kuhlmeir
- Court ruled that in a school environment, a school newspaper is not a forum for public expression
- tax dollars, overcrowding of prisons, need more security guards, etc.
- why don't we put everyone guilty in jail?
- home confinement
- serve term at home
- Wallace v. Jaffre
- Court ruled that a morning used for a moment of silence for prayer or meditation was not constitutional
- shield laws
- give reporters some protection against having to disclose their sources or reveal other confidential info in legal proceedings
- Bethel v. Fraser
- this famous kid announced an obscene speech and was banned, and Court ruled that the 1st amendment does not protect, especially in schools, an obscene speech
- Free Exercise Clause
- clause that declares that states can't prevent a person's practice of religion
- Gideon v. Wainwright
- Court ruled that the right of counsel applied to all felony cases
- hung jury
- legal term for a case in which the jury can't agree, so with this you can do a double jeopardy, just with a different jury
- work release
- work in community, but required to return to prison on weekends or whatever
- prosecutors
- legal term for a person who tries a case in front of court; District Attorneys
- Olive Branch and Declaration of Ind.
- what are two colonial historical documents that pertain to petition?
- rehabilitation
- to help change their behaviors so they can lead a better an productive life. Ex: a person caught drunk can do this punishment so he/she won't be a flipping burden to police and society
- due process clause
- what clause says that no state/nat. gov can deprive any person of life, liberty, or property without consent from law?
- means the person agrees to appear at trial, so no bail money is paid
- what does recognizance mean?
- acquittal, guilty, or hung jury
- what are three possible verdicts/decisions the jury can make?
- Freedom of Conscious, Freedom of Expression, and Freedom from unreasonable and unfair arbitrary action by government
- What three groups can civil liberties be categorized in?
- Pilgrims/Puritans (Mass), Quakers (Penn/Delaware), and Catholics(Maryland)
- What are four examples of religious tolerance in Colonial history?
- suspended sentence
- sentence is given, but a convicted person is not required to serve it
- suspended sentence, probation, home confinement, fines, restitution, work release, imprisonment
- what are seven options in sentencing?
- crime, polygamy, religious conscientious objectors against war (drafting), vaccination, snake handling, and smoke/drugs/cannibalism
- What are the six main restrictions in claiming Free Exercise?
- Grand Jury
- a group that examine charges made against an individual and decides whether or not there is enough evidence, can't determine innocent/guilty, but can ask questions of witnesses and such
- 7th amendment
- allows a trial by jury in civil, or common, cases, specifically if amount is sought over $20
- Schenck vs. U.S
- Court ruled that anti-war pamphlets were not free speech and in fact violates Congress' right to maintain an army. called a test for "clear and present danger" to happen when questioning freedom of speech laws
- allows opposition to discredit, or trip up, the witness and offer doubt
- what is the purpose of a cross examination?
- yea
- Can government search sealed/tied garbage left at curbside?
- 2nd Amendment
- A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.
- legislature body, but a judge can add in input and leeway
- who determines the punishment really?
- restitution
- required to pay back or make up for loss or injury to a harmed person or victim
- 3rd amendment
- In times of peace, citizens do not have to quarter soldiers (obsolete because of military bases)
- defendant
- legal term for the accused/charged, who rarely takes the witness stand
- civil rights
- what rights are reserved for those positive acts of government that seek to make constitutional guarantees a reality for all?
- 9th amendment
- declares that there are rights beyond those set out in so many words in Constitution; allows for unenumerated (unwritten) rights for its citizens
- Miranda v. Arizona
- Court ruled that a person should always be informed of his/her constitutional rights, such as the right to remain silent/get a lawyer/self-incrimination
- Substantive Due Process
- content of a law applied during legal proceedings
- Establishment Clause
- clause that declares that no state religion can be created, can't prefer religion over non-religion, or sponsor/support the religion
- judge
- legal term for a person who maintains order, doesn't determine guilty/innocent unless a bench jury
- right of association
- right to associate with others to promote political, economic, and other social causes
- No
- Can the government place wiretaps on an individual's phone line outside that person's house?
- Procedural Due Process
- process by which legal proceedings are conducted fairly to all, not promoting guilt, or vagueness
- process of incorporation
- incorporated and combined the guarantees of the bill of rights into the due process clause
- Fair Market Value
- term for the highest price somebody would pay for the property, given in eminent domain
- New York Times v. U.S
- Court ruled that the paper including information about the Vietnam War should be printed, and that the Pentagon's were at fault
- speech
- term for the verbal expression of thoughts/opinion before an audience, symbols, actions
- yea
- Can government shoot aerial photos from 1000 ft. of a person's backyard (w/ 2 fences)?
- DC v. Heller
- Court ruled that a DC law banning hand guns was unconstitutional
- Mapp v. Ohio
- Court ruled that the Exclusionary Rule could be used in state courts (lady stuffing the warrant in her blouse)
- 8th amendment
- no Excessive Bail, Fines, Punishment
- James Otis
- who was the first colonist to raise the issue of taxation without representation and the writs of assistance
- New Jersey v. T.L.O
- Court ruled that schools did not have to necessarily have a warrant or probable cause for students, just as long there was reasonableness
- slander
- term for false/malicious use of spoken words
- U.S. v. O'Brien
- Court ruled that people could burn their draft card as a form of expression or symbolic speech
- petition
- a term for redress of grievances, or complaint
- probation
- defendent is released to supervision of an officer after agreeing to follow certain conditions
- Exclusionary Rule
- states that judges can make decisions whether or not evidence should be excluded
- to enter evidence relevant and to prove beyond a reasonable doubt for themselves
- what is the purpose for direct examination?
- Engle v. Vitale
- Court ruled that you can not organize a non-denominational prayer at school
- Parochial
- term for church-related schools
- voir dire
- legal term for jury selection
- 5th amendment
- No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury; nor with double jeopardy, w/out due process, shall private property be taken for public use, without just compensation.
- prosecutor
- legal term for a person who represents the state; responsible for proving guilt of accused
- 4th amendment
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- Eminent Domain
- right of government to take property for public use in return entitlement to a reasonable fair market value
- Everson v. Board of Ed
- Court ruled that public funds could be used for non-public school bus transportation
- interrogation
- act of being questioned by police, stopped by asking for an attorney
- Betts v. Brady
- Court ruled that states now had to only appoint a counsel for poor defendants through special circumstances
- Furman v. Georgia
- Court case in which it was ruled the death penalty was unconstitutional because of "freakishly imposed" standards
- deterrence
- discourage offender from committing another crime
- retribution
- punished as kind of revenge for their wrong doing; "eye for an eye"
- jury
- 12 citizens who decide innocent/guilty
- speedy/public trial, trial by jury of ur peers, right to counsel, know the charges, confront witnesses, trail on location where charges are made, prepare a defense
- what are 7 rights of the accused in the 6th amendment that are protected by law?
- Great Awakening
- time in history when religious practice and tolerance were extended, along with new denominations
- protected religions from government influence and protected the individual's right to worship at will
- What did the Founding Father's intend for in the quote "separation of church and state"?
- nominal damages
- No actual damage or loss results from breach and only a technical injury is involved. Legally you win but you have no real damages 1$.
- during capital cases, or when the judge believes he/she is a threat to a community
- when can a bail be denied by a judge?
- fines
- must pay a certain amount of $ set by the court, which goes to the state
- 10th amendment
- powers not delegated to US by Constitution, nor prohibited by it to the states, are reserved to the States. a strict constructionist's motto
- defense attorney
- legal term for a person who represents the accused
- imprisonment
- sentenced to term in jail/prison
- sedition
- crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts
- incapacitation
- punishment used so society can be protected from the criminal
- 6th amendment
- criminal prosecutions, accused has right to a speedy and public trial, by impartial jury of the State and district where in the crime shall have been committed, and to be informed of cause of the accusation; to be confronted with witnesses against him
- Freedom of religion, assembly, petition, press, and speech
- What are the five parts to the 1st amendment?
- Wolf v. Colorado
- Court ruled that the 14th amendment and Exclusionary Rule does not necessarily mean that states had to exclude illegal evidence
- peremptory challenges
- term for the limited times a person can dismiss a juror, without giving a reason
- Double Jeopardy
- term for can't be tried for the same act he/she had previous been acquitted for criminal trials only
- compensatory damages
- damages awarded that make a person make up for losses or injuries
- civil disobedience
- term for purposefully violating the law as means to oppose
- Brandenburg v. Ohio
- Court extended freedom of speech to new limits. Threats of a KKK leader were ok b/c of failure to prove real danger. Declared that speech is protected unless proven that actions directly incited the action. must say that there is an "immanent lawless action" that would happen
- In re Gault
- Court ruled that for juveniles, they still must be noticed of charges, his parents must be notified, due process still applies
- Weeks v. U.S
- Court decides that federal court should only use the Exclusionary Rule
- lawful arrest, stop and frisk, consent, plain view, emergency situation, hot pursuit, vehicle searches, airport search
- what are 8 examples of searches where a warrant is not required?
- libel
- term for false and malicious use of printed words
- Lawful Search
- searches that must need a search warrant issued by a magistrate/judge that is specific and demonstrates probable cause
- advertisements for tobacco/liquor/etc, libel, slander, obscenity, hate speeches, seditious speech
- What are six non-protected instances where free speech is not absolute?
- Magna Carta and town hall meetings
- What are the two historical roots of assembly?
- civil liberties
- privileges of the individual that should be protected from encroachment against government
- guarantees that a defendant will appear for trial
- what is the purpose of a bail?
- punitive damages
- damages awarded that deal with punishing respondent with a message to others informing them not to do it
- prior restraint
- censorship of the punishment for the expression of ideas before the ideas are printed or spoken
- Self-Incrimination
- citizen's right to not offer testimony that would demonstrate his or her guilt
- content neutral
- a restriction on governmental discrimination against assemblies according to what might be said or done; instead on basis of time, place, and manner
- state
- legal term for the body that brings charges against accused
- removal for cause
- term for unlimited dismissals
- symbolic speech
- another form of communication, through conduct
- Abington v. Schempp
- Court ruled that public school teachers can not read "at least 10 passages from the Bible w/out comments" and then lead in Lord's Prayer
- Escobedo v. Illinois
- Court extended the exclusionary rule to illegal confessions, and defined that a person should have a right to an attorney
- writs of assistance
- blank search warrants used by British officials because of the smugglers that violated Navigation Acts
- indictment
- term for the formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Powell v. Alabama
- Court ruled that state must appoint a council/lawyer in a capital crime (death penalty)