Principles of Govt. / Amendments
Define Rule of Law.
Everyone is equal under the law.
Describe the facts and outcome of New Jersey V. TLO.
+ 50 What amendment does it relate to?
Wishart will explain.
4th amendment.
What is the difference between civil and criminal law? Give an example of each.
Criminal law: the state charges a person for breaking the law
Civil law: a financial disagreement between two people for wrong doing.
Criminal law: Shooting someone
Civil law: Suing McDonalds for selling me coffee that is dangerously hot.
How does the 4th amendment impact students right in school?
Students have rights in schools but they can be limited based on whether they disrupt learning. This applies to teachers as well.
Define Due Process.
The government has to enforce the law in a legal and constitutional way. Cannot violate people's rights.
Did Miranda V. Arizona expand or limit the rights of the accused? How so?
+50 what amendment does it relate to?
Wishart will explain
5th amendment.
+500 if you can recite the Miranda rights perfectly.
Is the burden of proof higher in a civil or criminal case?
Criminal (beyond a reasonable doubt)
Civil (Preponderance of evidence, more than likely)
What is double jeopardy?
A person cannot be charged with the same crime twice.
How did the Supreme Court ruling in U.S. V. Nixon emphasize the principle of Rule of Law.
It demonstrated that even the President is not entirely above the law. No one is above the law.
Describe the facts and outcome of U.S V. Nixon.
+50, define executive privilege.
Wishart will explain.
Executive privilege, the president has the ability to withhold information from the public if it its' release goes against national interest.
Who can appeal in a civil case? What about Criminal?
Civil case either side can appeal
Criminal only the defense can appeal.
What is the difference between a Grand and Petit jury?
Grand jury: Determines whether there is enough evidence to charge someone or not.
Petit jury: Determines whether a person is guilty or not.
Choose two of the due process amendments and define them.
4th amendment (unreasonable search and seizure)
5th amendment (Miranda rights, double jeopardy)
6th amendment (Right to a jury trial of peers, public defenders, speedy and fair trial)
7th amendment (people engaging in civil court over 25,000 can demand a civil trial)
8th amendment (protection against cruel and unusual punishment)
Bonus 100+ to other groups who can define the rest of the due process amendments.
Describe the facts and outcome of Gideon V. Wainright?
+50 what amendment does it relate to?
Wishart will explain.
6th amendment.
What are the official terms for both sides in civil and criminal cases.
Criminal: Prosecutor/ Defendant
What are plea bargains? What is a pro and con of the plea bargain system?
Plea bargains are where people admit to committing a crime in return for a reduced sentence.
Pros
- Helps the legal system process faster
- Gives people shorter criminal sentences
Cons
- Innocent people can be pressured into taking plea deals
- People are not given their "day in court".
What is the 7th amendment.
In civil cases over 25,000 dollars a jury trial can be demanded.
If a person sues the state and it is revealed that their rights were violated, what happens next?
What type of punishment can be achieved in a civil and criminal case.
Criminal: Money, Jail time,
Civil case: money
What is a Writ of Habeus Corpus
Orders that an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention
TDLR; people must be told why they are being held.
How successfully has the government protected poor Americans’ 6th Amendment right to a lawyer? Please explain and provide examples.
We will discuss