Bill of Rights and Stare Decisis Quiz
24 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does the 1st Amendment guarantee?

  • Right to bear arms
  • Right to trial by jury in civil cases
  • Protection against cruel and unusual punishment
  • Freedom of speech, press, religion, assembly, and petition (correct)

Which Amendment addresses the issue of quartering soldiers?

  • 4th Amendment
  • 3rd Amendment (correct)
  • 1st Amendment
  • 5th Amendment

What does the 4th Amendment protect against?

  • Excessive fines
  • Double jeopardy
  • Unreasonable search and seizure (correct)
  • Right to fair trial

Which Amendment abolished slavery in the U.S.?

<p>13th Amendment (B)</p> Signup and view all the answers

What is the required proof in a civil trial?

<p>Preponderance of the evidence (C)</p> Signup and view all the answers

What does the 9th Amendment ensure regarding rights?

<p>Rights not listed in the Constitution are retained by the people (C)</p> Signup and view all the answers

What does the term 'Stare Decisis' refer to?

<p>When a higher court agrees with a lower court's decision (C)</p> Signup and view all the answers

Why are laws and the Constitution considered living documents?

<p>They can change due to societal changes (C)</p> Signup and view all the answers

What does the automobile exception allow law enforcement to do?

<p>Search a vehicle without a warrant if they have probable cause. (C)</p> Signup and view all the answers

What was the outcome of Mapp v. Ohio?

<p>Said the exclusionary rule applies to states as well. (D)</p> Signup and view all the answers

Under what circumstances is a Miranda warning necessary?

<p>When a person is in custody and being interrogated. (C)</p> Signup and view all the answers

What constitutes probable cause?

<p>A reasonable belief that a crime has been committed or someone is involved. (A)</p> Signup and view all the answers

What is the legal standard for reasonable suspicion?

<p>Good reason to suspect criminal activity. (D)</p> Signup and view all the answers

What is the purpose of the exclusionary rule?

<p>To prevent the use of evidence obtained through unreasonable searches and seizures. (A)</p> Signup and view all the answers

What principle was established in Terry v. Ohio?

<p>Police can stop and investigate with reasonable suspicion of a crime. (C)</p> Signup and view all the answers

What did the case of California v. Acevedo (1991) clarify regarding police searches?

<p>Police can search containers in a vehicle with probable cause. (C)</p> Signup and view all the answers

What constitutional violation was involved in the case of Morgan v. Fairfield County?

<p>Expectation of privacy (C)</p> Signup and view all the answers

In United States v. Shrum, why was the evidence found by the police deemed inadmissible?

<p>It was a fishing expedition (A)</p> Signup and view all the answers

What was the ruling regarding the police's actions in Crocker v. Beatty?

<p>Seizure of the phone was unconstitutional (C)</p> Signup and view all the answers

What principle was established in Nix v. Williams that justified the evidence obtained?

<p>Inevitable discovery (C)</p> Signup and view all the answers

In United States v. Burwell, why was the evidence found deemed voluntarily obtained?

<p>Burwell initiated the conversation (B)</p> Signup and view all the answers

How did the court rule on the actions of police in United States v. Herring?

<p>Police acted in good faith (C)</p> Signup and view all the answers

What was the constitutional issue in Michigan v. Tucker?

<p>Lack of informed rights during arrest (C)</p> Signup and view all the answers

What incident led to the invalidation of the police's search in United States v. Davis?

<p>Phone records were obtained without a warrant (C)</p> Signup and view all the answers

Flashcards

Bill of Rights

The first ten amendments to the U.S. Constitution, guaranteeing fundamental rights and freedoms to all citizens.

1st Amendment: Freedom of Speech, Religion, Press, Assembly, and Petition

The right to express your opinions, practice your religion, assemble peacefully, and petition the government.

2nd Amendment: Right to Bear Arms

The right to own and use guns for self-defense and other lawful purposes.

3rd Amendment: Quartering of Soldiers

The government cannot force you to house soldiers in your home.

Signup and view all the flashcards

4th Amendment: Protection against Unreasonable Search and Seizure

The government can't search your belongings or home without a warrant or probable cause.

Signup and view all the flashcards

5th Amendment: Due Process, Self-Incrimination, Double Jeopardy

Guarantees fundamental rights like due process, protection against self-incrimination, and double jeopardy.

Signup and view all the flashcards

6th Amendment: Right to a Fair Trial

Guarantees the right to a fair and speedy trial, including legal representation.

Signup and view all the flashcards

10th Amendment: Reserved Powers

States that powers not specifically given to the federal government, nor withheld from the states, are reserved to the states, or the people.

Signup and view all the flashcards

What is Corpus Delicti?

The legal principle that requires the government to prove that a crime has occurred before a person can be charged or convicted. It essentially establishes "proof of the crime" as a cornerstone of the legal process.

Signup and view all the flashcards

What is Reasonable Suspicion?

The legal standard that allows law enforcement to briefly stop and question someone if they have good reason to suspect criminal activity. It's a lower standard of suspicion than probable cause, allowing for a brief investigation.

Signup and view all the flashcards

What is Probable Cause?

A reasonable belief that a crime has been committed or that someone is responsible for it. It's a higher standard of suspicion than reasonable suspicion and usually requires a legal investigation.

Signup and view all the flashcards

What is Habeas Corpus?

A legal procedure that allows a person to challenge the legality of their incarceration in court. It is designed to protect individuals from unlawful detention.

Signup and view all the flashcards

What is the Exclusionary Rule?

The rule of law that prevents the government from using evidence obtained through unreasonable searches and seizures in a criminal trial. It's designed to protect individuals from unlawful searches.

Signup and view all the flashcards

Weeks vs. US

Landmark Supreme Court case that established the exclusionary rule, applying it to state courts as well as federal courts. This ruling dramatically impacted criminal justice procedures.

Signup and view all the flashcards

When can you detain somebody?

The legal principle that allows police to detain someone if there is reasonable suspicion that they are involved in criminal activity. This allows for brief investigative stops for questioning and potential frisking.

Signup and view all the flashcards

The automobile exception

A legal principle that allows law enforcement to search a vehicle without a warrant if they have probable cause to believe that the vehicle contains evidence of a crime or contraband. This exception is frequently used in drug investigations.

Signup and view all the flashcards

Expectation of Privacy (Fourth Amendment)

Police can't enter a home without a warrant, even during a "knock and talk" investigation, if it violates the resident's reasonable expectation of privacy.

Signup and view all the flashcards

Fishing Expedition

Police cannot use evidence obtained from a "fishing expedition", a search without a clear purpose or probable cause.

Signup and view all the flashcards

Seizing a Phone Without a Warrant

Seizing a phone without a warrant during an accident investigation violates the Fourth Amendment right against unreasonable searches and seizures.

Signup and view all the flashcards

Police Detention for Extended Periods

Police cannot detain someone indefinitely for a traffic violation or other minor offense to try and find evidence of a crime, even if they "sweettalk" the individual into staying longer.

Signup and view all the flashcards

Protective Sweep (Plain View)

Police can use evidence found in plain view during a "protective sweep", a limited search to ensure officer safety, but only if they have a legitimate reason to be in the area.

Signup and view all the flashcards

Inevitable Discovery

Evidence found as a result of an illegal warrant should not be admissible in court, unless it would have been inevitably discovered through legal means.

Signup and view all the flashcards

Phone Records Without a Warrant

Police access to phone records without a warrant is illegal, even if they are investigating a crime.

Signup and view all the flashcards

Police Searching a Vehicle Without Probable Cause

Police cannot open a car door and look inside without probable cause, even if they have arrested the driver.

Signup and view all the flashcards

Study Notes

Bill of Rights

  • Contains the Preamble and the first ten Amendments
  • 1st Amendment: Freedom of speech, press, religion, assembly, and petition
  • 2nd Amendment: Right to keep and bear arms
  • 3rd Amendment: Quartering of soldiers
  • 4th Amendment: No unreasonable search and seizure
  • 5th Amendment: Right to Due Process, no self-incrimination, double jeopardy
  • 6th Amendment: Right to a speedy and public trial, right to be informed of charges, right to confront witnesses, right to legal representation
  • 7th Amendment: Right to jury trial in civil cases exceeding $20
  • 8th Amendment: Protection against excessive fines and cruel and unusual punishment
  • 9th Amendment: Government cannot take away rights not explicitly listed in the Constitution
  • 10th Amendment: Powers not given to the federal government are reserved for states or the people
  • 13th Amendment: Abolished slavery and involuntary servitude
  • 14th Amendment: Civil rights to all citizens

Stare Decisis

  • High court agrees with lower court's decision

Venue

  • Location where a trial is held

Voir Dire

  • Process to determine if a juror can serve fairly and impartially

Criminal Trial Proof

  • Beyond a reasonable doubt

Civil Trial Proof

  • Preponderance of the evidence

Living Documents

  • Laws and Constitution are considered living documents

Miranda

  • Notification of rights to a suspect

Chimel Case

  • Police can search an area within a suspect's immediate control after arrest

Katz Case

  • Fourth Amendment protects a person's reasonable expectation of privacy, even in public places

Carroll v. US

  • Automobile exception; probable cause allows vehicle search without warrant

Mapp v. Ohio

  • Exclusionary rule applies to states regarding unreasonable searches

Weeks v. US

  • Exclusionary rule preventing government from using illegally obtained evidence

When do you need a Miranda Warning?

  • When a person is in custody and being questioned

Probable Cause

  • Reasonable belief that a crime has been committed

Reasonable Suspicion

  • Good reason to suspect criminal activity

Corpus Delicti

  • Proof that a crime occurred before charging someone

Habeas Corpus

  • Legal procedure to challenge imprisonment legality

Terry v. Ohio

  • Allows police to stop and frisk with reasonable suspicion of criminal activity

Ingraham v. Wright

  • Upheld the use of corporal punishment in schools

Graham v. Connor

  • Standard for judging excessive force claims by police

Other Cases

  • Various cases involving searches, seizures, rights of suspects, police conduct, and constitutional issues are listed such as United States v. Patane, California v. Acevedo, Taylor v. Saginaw, Morgan v. Fairfield County, United States v. Shrum, Crocker v. Beatty, United States v. Burwell, Montanez v. Carvajal, United States v. Herring, Mullenix v. Luna, Nix v. Williams, and United States v. Davis

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Crim 13 Final Study Guide PDF

Description

Test your knowledge on the Bill of Rights and important legal principles like Stare Decisis. This quiz covers the first ten Amendments of the Constitution, highlighting key civil liberties and rights as well as foundational legal doctrines. Perfect for students studying American Government or Constitutional Law.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser