U.S. Constitution and Amendments

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Questions and Answers

Which of the following best describes the significance of the Supreme Court case Coolidge v. New Hampshire?

  • It established the right to bear arms for self-defense.
  • It clarified the requirements for obtaining valid search warrants. (correct)
  • It defined the limits of free speech during wartime.
  • It outlined the rights of defendants during police interrogation.

In the context of the First Amendment, which form of expression receives the least protection?

  • Political speech
  • Commercial speech (correct)
  • Expressive speech
  • Symbolic speech

The Miller v. California case established a three-part test for determining whether material is considered legally obscene. Which of the following is NOT one of the criteria in that test?

  • Whether the work involves the exploitation of children. (correct)
  • Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest.
  • Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
  • Whether the work lacks serious literary, artistic, political, or scientific value.

In what situation might a 'Section 1983 claw suit' be relevant?

<p>To seek remedies for civil rights violations by state actors. (B)</p> Signup and view all the answers

Which of the following scenarios most accurately reflects the concept of 'standing' in legal terms?

<p>A taxpayer challenging a government expenditure that directly affects their tax liability. (A)</p> Signup and view all the answers

What core principle is challenged by the 'exclusionary rule'?

<p>The admissibility of illegally obtained evidence. (C)</p> Signup and view all the answers

According to the legal principles established in Terry v. Ohio, a 'stop and frisk' is permissible under what conditions?

<p>Based on reasonable suspicion that a person is armed and dangerous. (C)</p> Signup and view all the answers

What is the central question addressed when determining whether a statute is unconstitutionally 'broad' or 'vague'?

<p>Does the statute potentially criminalize constitutionally protected conduct? (B)</p> Signup and view all the answers

In the context of the Fourth Amendment, what is the significance of the 'Aguilar-Spinelli test' and the 'Illinois v. Gates totality test'?

<p>They provide standards for evaluating the reliability of informants in establishing probable cause. (B)</p> Signup and view all the answers

In the context of Fourth Amendment law, what is the 'plain view doctrine,' as discussed in Arizona v. Hicks?

<p>Evidence found in plain view during a lawful search is admissible, even if not listed in the warrant. (A)</p> Signup and view all the answers

Flashcards

Separation of Powers

Ensures no single branch has too much power; divides powers among the legislative, executive, and judicial branches.

Bill of Rights

The first 10 amendments to the Constitution, guaranteeing fundamental rights and freedoms to individuals.

Fourth Amendment

Protects against unreasonable searches and seizures, requiring a warrant based on probable cause.

Fifth Amendment:

Protects against self-incrimination and double jeopardy; guarantees due process of law.

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Sixth Amendment

Guarantees the right to a speedy and public trial, the right to an attorney, and the right to confront witnesses.

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Fourteenth Amendment

Guarantees equal protection under the law and due process; ensures citizenship rights.

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Exclusionary Rule

Evidence obtained illegally cannot be used in a criminal trial.

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Search Warrant

A court order authorizing law enforcement to conduct a search of a specific location.

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Stop and Frisk

A brief, temporary detention of a person for investigation based on reasonable suspicion of involvement in criminal activity.

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Law of Arrest

Legal authority allowing police to make an arrest. Requires probable cause that a crime has been committed.

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Study Notes

  • Study notes on the constitution, bill of rights, supreme court, important court cases etc

Constitution and Amendments

  • Constitutional Convention addressed the flaws of the Articles of Confederation, leading to the creation of the U.S. Constitution
  • The document survives due to its ability to adapt through amendments and judicial interpretation
  • The Bill of Rights comprises the first 10 amendments and guarantees fundamental rights and liberties to individuals
  • 1st Amendment protects freedom of speech, press, assembly, religion, and to petition the government
  • 4th Amendment guards against unreasonable searches and seizures, requiring probable cause for warrants
  • 5th Amendment ensures due process, protects against self-incrimination, and prohibits double jeopardy
  • 6th Amendment guarantees the right to a speedy and public trial, the right to counsel, and the right to confront witnesses
  • 14th Amendment ensures equal protection and due process under the law for all citizens

Foundational Principles and Documents

  • The Declaration of Independence outlines the reasons for separation from British rule, emphasizing natural rights and self-governance
  • The Constitution establishes the framework of the U.S. government
  • Separation of powers divides governmental authority among the legislative, executive, and judicial branches
  • An appeal is a request to a higher court to review a decision, while a motion is a formal request made to a court during a trial or hearing

Supreme Court and Landmark Cases

  • The U.S. Supreme Court is the highest court in the federal judiciary, composed of nine justices who interpret laws and the Constitution
  • Coolidge v. New Hampshire the ruling impacted search warrant procedures
  • Houston v. pertains to forms of speech protected under the First Amendment
  • Texas v. Johnson concerns the issue of speech with expression, alongside Watts v. U.S.
  • U.S. v. O'Brien relates to modes of expression and the government's compelling interest
  • Miller v. California sets the standard for obscenity with a three-part test
  • Tinker et al v. Des Moines addresses protected speech in schools, specifically regarding armbands
  • Shaw v. Murphy and rights in prison are also considered protected speech contexts
  • Morse v. Frederick (Bong Hits 4 Jesus) deals with student speech rights
  • Boyd v. US impacts exclusionary rule
  • Weeks v. US is related to the exclusionary rule
  • Wolf v. Colorado relates to the exclusionary rule
  • Mapp v. Ohio bears on the exclusionary rule

Arrest and Search Procedures

  • "What is standing" concerns parade regulations, residential picketing, and freedom of religion
  • Law of arrest is based on the legal justification for making an arrest
  • Four parts of arrest include authority, intent, custody, and awareness
  • PC stands for probable cause
  • RS stands for reasonable suspicion
  • Terry v. Ohio concerns stop and frisk
  • Arizona v. Johnson deals with vehicle searches
  • Florida v. JL concerns search procedures;
  • Illinois v Wardlow- search procedures
  • US v Sharpe & Savage search procedures
  • Pa v Mimms -Maryland v Wilson concerns car stops
  • People v Defoe- Exclusionary rule related
  • U. S v Watson concerns the legality if arrest
  • Aguilar-Spinelli 2 part test is search warrants & confidential informants under scrutiny
  • Illinois v Gates totality test relates to search warrants & confidential informants
  • Michigan v Summers cases address no-knock provisions and nighttime endorsements
  • Exceptions to warrant requirements include consent, plain view, and search incident to lawful arrest (SILA)
  • Good faith exception- Mass V Shepherd, US v Leon are related
  • Chimel v calif (SILA) concerns to legal precedent
  • NY v Harris Payton v NY Dunaway v NY are related to cases
  • Arizona v Hicks concerns: plain view doctrine, Inventory search, automobile search, U.S. v Ross
  • Rakus v Illinois concerns: standing
  • Calif v Carney, Florida v Riley aerial search, Katz v U.S protection of people not places- Hot pursuit, Cailf v Greenwood, are related to search procedures
  • Dunaway v NY are arrest warrants
  • NY v Harris- case related
  • Payton v NY concerns arrest warrant requirements
  • Explain the arraignment process,
  • Explain role of the Grand Jury,
  • Explain standing in the context of constitutional law

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