5th Grade
What 5 freedoms are expressly protected by the 1st Amendment?
religion, press, speech, assembly, and petition
Can the government require a private social media platform to carry every political viewpoint?
No, see Moody v. NetChoice, LLC (2024).
Can a public school teacher lead students in prayer over Zoom during a mandatory virtual class?
No, see Kennedy. Bremerton School District (2022).
Students wear black armbands to school to protest a war. Can their public school prohibit them simply because their message is controversial?
No, absent sufficient evidence of material and substantial disruption or another legally sufficient basis. See Tinker v. Des Moines Indep. Cmty. Sch. Dist., (1969).
Can a public high school suspend a student from cheerleading for posting a profanity-filled Snapchat criticizing the school and cheer team on a weekend?
No. See Mahanoy Area School District v. B.L., (2021).
Who drafted the text of the 2nd Amendment?
James Madison
What military force replaced state militias after the Civil War?
National Guard
True or False: the English Bill of Rights included a Protestant citizens’ right to possess arms for their defense?
True
How many commas are in the 2nd Amendment?
3
In what decision did the Supreme Court uphold the constitutionality of the federal criminal statute dispossessing persons subject to an active PFA?
United States v. Rahimi
What does the 4th Amendment protect against?
Unreasonable searches and seizures.
Does the 4th Amendment apply to private individuals or non-governmental actors acting on their own accord?
No.
What Supreme Court case established the “stop and frisk” exception to the 4th Amendment?
Terry v. Ohio
Can the government place a hidden GPS tracking device on a suspect’s vehicle?
No. See United States v. Jones, 2012.
What did the Supreme Court decide in Kyllo v. United States, 2001, dealing with thermal imaging outside a home to detect high-intensity heat lamps for growing marijuana indoors?
Using sensory enhancing tech not available to the public to explore details of a home requires a warrant.
The takings clause allows for ___________ to be taken for public purposes.
Private Property
What are the two types of takings?
Physical and Regulatory
How are damages in eminent domain cases determined?
Fair Marked Value
What is the name of the pleading that authorizes the condemning authority to take private property?
Declaration of Taking
What SCOTUS case allowed for private property to be taken for certain limited purposes for a private entity?
Kelo v. City of New London
Fill in the blanks. “In Suits at _____, where the value in controversy shall exceed _____ dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise _____ in any Court of the United States, than according to the rules of the common law.”
Common law, Twenty, and Re-examined
Along with the __________ Amendment, the 7th Amendment does not apply in its entirety, via the 14th Amendment, to state and local governments.
3rd Amendment
In 1998, the Supreme Court ruled in Hetzel that when an appeals court affirms liability, but orders the level of damages to be reconsidered, the plaintiff has a Seventh Amendment right either to have a new trial or to _____.
Accept the reduced award.
Fill in the blank. Traditionally, the Supreme Court treated the 7th Amendment as preserving the right of trial by jury of twelve persons. In 1973, the Court held in Colgrove that civil juries composed of _____ persons were permissible.
6
According to Federal Rule of Civil Procedure 8(a), what must be pleaded to state a claim?
A short and plain statement of the grounds for the court’s jurisdiction, a short and plain statement of the claim, and a demand for the relief sought.