Sources of Law in Action
The American legal system draws from multiple sources of law that shape how criminal courts operate.
What is the Ecosystem of Law?
What are the Miranda Warnings?
This amendment acts as a barrier between the citizens and police power.
What is the Fourth Amendment?
This is the "What" side, which focuses on what the government can do.
What is Substantive Due Process?
Few laws survive this level of scrutiny.
What is Strict Scrutiny?
The fundamental principles that have been established as the supreme law of the land.
What is the Constitution?
This amendment gives defendants the right to be informed of the charges against them.
What is the 6th Amendment?
Police enter a home without a warrant or consent and proceed to search for evidence.
What is an unreasonable search and seizure?
This is violated when a state denies a defendant a hearing before revoking parole.
What is Procedural Due Process?
What is the Rational Basis Test?
A state legislature passes a statute defining a new criminal offense, illustrating this source of law.
What is Legislation?
Excessive bails violate this amendment.
What is the 8th Amendment?
Courts use this type of test to weigh government interests against individual privacy rights when deciding Fourth Amendment cases.
What is the Balancing Test?
The clause found in the 14th Amendment, which requires states to provide equal protection under the law to all persons.
What is the Equal Protection Clause?
Gender-based workplace restrictions designed to protect health or safety are reviewed under this level of scrutiny.
What is Intermediate Scrutiny?
A court relies on legal precedent, decisions from past cases, when deciding on how to handle the current case.
Punishing a peaceful protest would likely violate this amendment’s protections.
What is the First Amendment's Freedom of Assembly?
This must be established as a prerequisite for warrants.
What is probable cause?
What are unenumerated rights?
A law requiring a tax before casting a ballot to vote would be challenged at this standard of review.
What is Strict Scrutiny?
State probation officers must follow supervision standards written by their department.
What is Administrative Legislation?
The ruling of this case affirmed an individual's right to keep and bear arms, not a collective right tied to militia service.
District of Columbia v. Heller (2008)
A requirement that a warrant must be specific and outline the search in detail, leaving no room for the executing officer to change/add elements during the search.
What is the particularity requirement?
The clauses of the 14th Amendment work together to form the foundation of this.
What is modern civil rights law?
Quasi-suspect classifications trigger this level of scrutiny.
What is Intermediate Scrutiny?