interprets the law and is also made up of the Supreme Court, more than 100 other federal courts.
What is the Judicial Branch?
100
forbids the government from creating or establishing an official church, formally supporting religious activities, or giving preference to religion
What is establishment clause?
100
-National Firearms Act did not violate 2nd Amendment rights
-registration of firearms (individual citizens can own guns)
-the amendment's purpose was to secure the existence of the militia
-sawed off shotguns made illegal
What is U.S v. Miller
100
-wiretapped phone booth violated this person's privacy even though the tape was on the outside of the phone booth.
WHY?
-seeks to preserve as private, even in an areas accessible to the public may be constitutionally protected
What is Katz vs. United States?
100
-government may not use its resources to retry defendant who is found not guilty
-double jeopardy only applies to changes that were support
What is Green vs. United States?
200
a court determines whether a person accused of breaking a law is innocent or guilty and in addition a criminal case is brought in by the prosecutor
What is criminal case?
200
-"a wall of separation" between church and state BUT how high is the wall?
-public officials make their pledge to god
-military chaplains in every branch of armed forces
-"In God We Trust" an U.S currency
-church property and contributions to religious organizations are exempt from taxes
-sessions of Congress and state legislatures open with prayer
What is Everson vs. Board of Education?
200
the court held the 2nd amendment protects and individual right to possess a firearm unconnected w/ service in a militia, and use that firearm for traditionally lawful purposes such as self defense w/in the home
What is District of Columbia v. Heller?
200
anything that is exposed (clear trash bag) to the public sufficiently to defeat their claim to 4th amendment protection
What is California vs. Greenwood?
200
the right against self-incrimination applies equally to the states
"I take the fifth..."
What is Malloy vs. Hogan?
300
a guideline for how all similar cases should be decided in the future
What is precedent?
300
three-part test to determine if government policy violates Establishment Clause
-the policy's purpose must be secular (non-religious)
-the policy's primary effect must neither advance nor inhibit religion
-the policy must avoid an "excessive entanglement" of government and religion
What is Lemon vs. Kurtzman?
300
the court established the factors in defining "speedy" to be established on a case-by-case basis:
1. length of the delay
2. prosecution's reasoning for the delay
3. defendant's claim to speedy trial
4. harm to defendant because of the delay
What is Barker v. Wingo?
300
"Stop and Frisk"
stop = seizure (the taking of)
frisk = search
-probable cause is not required for every "search and seizure" depending on the circumstance
-this search was not constitutional
-warrant-less searches are unreasonable
What is Terry vs. Ohio?
300
-the atmosphere of police interrogation is inherently coercive
-part of a truly voluntary confession is that you are aware of your rights
-Miranda warning: must be given at the time of arrest BEFORE any questioning
What is Miranda vs. Arizona?
400
an effort by judges to take an active role in policymaking by overturning laws relatively often
What is judicial activism
400
burning the flag in protest is protected as symbolic speech
What is Texas vs. Johnson?
400
Modern Militia?
What is National Guard?
400
"plain feel/touch"
-permitting a seizure to contraband, not only weapons during a "pat down" IF the contraband is immediately recognizable
What is Minnesota vs. Dickerson?
400
-Miranda governs the admissibility of statements made during custodial interrogation
-Congress cannot use legislation to overrule Miranda
What is U.S vs. Dickerson?
500
an effort by judges to avoid overturning laws and to leave policymaking up to the other two branches of government
What is Judicial restraint?
500
burning the flag in protest is protected as symbolic speech
What is Texas vs. Johnson?
500
-right to counsel guaranteed to all defendants for felony charges
What is Gideon vs. Wainwright?
500
fruit of the poisonous tree doctrine
- good faith doctrine
- inevitable discovery
- honest mistakes