Vocab
What is a militia?
A militia is a military force raised from the civilian population to supplement a regular army in an emergency
What is federalism?
A concept to describe the division of power between the national and state governments
What are the Miranda Rights and which court case established them?
The Miranda Rights are the rights police must read to a suspect before an interrogation, including the right to remain silent. They were established by the Supreme Court case Miranda v. Arizona
What was the original intent of the 2nd Amendment?
To protect citizens against an abusive and tyrannical government
Name an example of a civil case
Landlord/tenant disputes, divorce/custody disputes, workplace injury, etc.
What is a Grand Jury?
A Grand Jury consists of 16-23 random people who judge if there is enough evidence to issue a formal accusation (indictment) against someone
What is Civil Asset Forfeiture?
a legal process where police can take assets from someone suspected of a crime without charging them
What did the court rule in Engel v. Vitale (1969) regarding school prayer?
The Supreme Court ruled that having an optional morning prayer in public schools was illegal because it "breached the constitutional wall of separation between church and state"
What protections are provided to you under the 5th Amendment?
Grand Jury, Double Jeopardy, Eminent Domain, Due process, Self-incrimination
What is a government document issued by a judge that lists the places to be searched and the things to be seized by police?
A Warrant
What is eminent domain?
It is the power of the government to take private property for public use, provided they give "just compensation," which means paying a fair market value for the property
What is incitement?
Incitement is speech that encourages people to commit violence or break the law. It is not protected by the First Amendment
What was the Supreme Court's ruling in D.C. v. Heller?
he majority opinion was that Washington D.C.'s strict gun laws violated the Second Amendment, which guarantees an individual's right to possess and carry weapons for confrontation, such as self-defense at home
What protections are included in the 8th Amendment?
No cruel or unusual punishment, no excessive bail, no excessive fines
What is an indictment?
formal accusation of a crime leading to a trial
What is the Establishment Clause and what amendment does it relate to?
It is the part of the First Amendment that states, “Congress shall make no law respecting an establishment of religion,” which prevents the government from establishing an official religion
What is a hung jury?
A hung jury is when a jury cannot come to a unanimous decision. In this situation, a judge may declare a mistrial, and the case can often be retried without it being considered double jeopardy
What did the Supreme Court rule in Tinker v. Des Moines (1969)?
The Court ruled that students do not lose their First Amendment rights to freedom of speech when they are on school property. The school's suspension of students for wearing armbands to protest the Vietnam War was deemed illegal
What are the five parts of the first amendment?
Religion, Speech, Press, Petition, Assembly
What is martial law?
The military suspends ordinary law for a time of crisis
What is the exclusionary rule, as established in Mapp v. Ohio?
The exclusionary rule states that evidence obtained illegally cannot be used in a court case
What are "reserved powers"?
Reserved powers are the powers that the Constitution does not grant to the federal government nor deny to the states. Under the Tenth Amendment, these powers are reserved for the states
How does the concept of a "reasonable expectation to privacy" from Katz v. Miller relate to the Fourth Amendment?
The Fourth Amendment protects people from unreasonable searches and seizures. The principle from Katz v. Miller helps define the scope of this protection by establishing that a person's right to privacy extends to places and situations where they have a reasonable expectation of it
There are several exceptions to the Fourth Amendment's requirement for a warrant. List at least three of them
Search incident during lawful arrest, consent, plain view, stop and frisk, automobile exemption, exigent circumstance
What are the three criteria for determining if a punishment is cruel or unusual?
1. It can't be degrading
2. It can't be made up on the spot
3. It must be totally rejected by society