Bill of Rights
What are the Bill of Rights?
A popular name given to the first ten amendments to the US Constitution
True or False:
The President of the United States can veto a law passed by Congress.
True
In a criminal trial, the ____ brings charges against a defendant.
Prosecutor/Government
In US v. Nixon, the Supreme Court held...
That the President's claim of executive privilege is not absolute. The President had to give the court the subpoenaed tape recordings and documents, so that the court could inspect them.
Define:
Concurring Opinion
A judicial opinion that agrees with the result reached by the majority opinion, but for reasons different from or in addition to those of the majority opinion.
What rights does the First Amendment protect?
rational
Define:
Criminal Law
Criminal law encompasses the CONDUCT that constitutes a CRIME for which there is punishment. So, the difference between manslaughter, first-degree murder, and second-degree murder.
In Texas v. Johnson, the Supreme Court held that Texas's law about the desecration of a flag violated Johnson's constitutional right to free speech under the First Amendment because...
Johnson's act of burning the flag was permissible expressive conduct protected by the First Amendment
What is criminal procedure?
The framework of rules that guide how crimes are investigated, criminal defendants are adjudicated, and criminal punishment is imposed
The Second Amendment grants...
the right to bear arms for all citizens, not just militia
Define:
Executive Order
An official statement from the President of the US about how the federal agencies must use their resources
In criminal procedure, the exclusionary rule is...
a rule that excludes from a criminal trial any evidence illegally obtained by police during an unreasonable search or seizure, in violation of the 4th Amendment
Why was the Supreme Court's holding in McCulloch v. Maryland important?
This case defined what the Constitution's Commerce Clause's "Necessary and Proper" clause means. It also affirmed that state laws could not usurp federal laws.
Define:
Common Law
Laws developed by judges in cases rather than by legislators in statutes
The purpose o the Executive branch of the government is to...
carry out (execute) the laws which the legislative branch makes
The role of jurors in a jury trial is to...
be fact-finders - hear and weigh all the evidence to reach a decision
Why was the court's holding in Marbury v. Madison so important?
It was the first time the Supreme Court wrote that it has the power to decide that laws are unconstitutional
Diversity jurisdiction for federal courts requires...
the litigants are diverse in citizenship (from different states or countries) and at least $75,000 is at stake
The Eighth Amendment forbids...
What was the holding of Gibbons v. Ogden?
Congress has the power to regulate interstate commerce, and federal law about commerce is superior to state law.
What is the difference between probation and parole?
Probation means that a guilty criminal defendant serves a sentence of punishment outside of jail or prison. Parole means that an incarcerated defendant can be let out early after a term of incarceration time is completed (early release).
In the Heart of Atlanta Motel case, the Supreme Court held that the owner of the motel could not discriminate against black travelers by refusing them lodging and services because:...
the Commerce Clause extends the anti-discrimination provisions in the Civil Rights Act of 1964 to motels serving travelers from outside the state.
The 14th Amendment's Equal Protection clause requires...
that No State shall deny to any person within its jurisdiction the equal protection of the laws