5th & 14th
Amendment
Amendment
When any person is born into the united states are they entitled to citizen ship?
Yes
What’s the full name of this clause?
Obligation of Contracts Clause
What amendment protects from illegal search and seizure?
the fourth amendment
What is a hearing where the charges are listed against the defendant and a plea is given?
Arrangement
What is the first amendment?
Freedom of speech, religion and press
Can citizens be charged with the same charge twice?
No
Why was the clause originally added into the constitution?
To protect everyday business dealings through private contracts.
What is a writ ordering or allowing a the police to take action?
Warrant
What are the three different courts?
Trial court, Appellate court, and Supreme court
How does the 1st amendment protect businesses differently from individuals?
It protects business less than individuals
Can citizens have their private property taken for public use?
No
Who does the clause apply to?
It applies to ordinary contracts between private citizens or entities, including partnerships and corporations. But it can only be used in state legislation not court decisions
What is it when the police administer a light pat down?
Stop and frisk
What is a preliminary hearing?
A hearing where the judge will be presented the evidence to decide if there is enough evidence to continue the case.
When advertising businesses cannot use ______ advertising but can practice _______.
False advertising, puffery
What makes the 14th and 5th amendment so similar?
They both contain due process clauses.
Is the contract cause really eligible in modern times?
Many scholars believe it serves no real function in modern times because there are so many exceptions to the clause and it rarely prevents a state from interfering.
What is probable cause?
the facts are apparent and obvious to a reasonable person
What are the two types of action(cases)?
Criminal action and civil action
What is strict scrutiny?
When are citizens forced to answer for their crimes?
When formal charges are reviewed.
What is the purpose of the clause?
To protect individuals from intrusion from state governments and to keep states from intruding on the federal government
What are the two types of warrants?
Search and arrest warrant
How many judges are there for an Appellate court?
3
What is commercial speech?
Advertisements which are printed, online or on television or radio, done so by a business.