Define
What is a "Taking"?
The government limits your use of your property
Define "Militia"?
Able-bodied men organized into companies, regiments, and brigades, attend military exercises on certain days only, but at other times left to pursue their usual occupations
A grand jury is a buffer between __________ and ____________.
the citizen and the state
Defendant is presumed _____________ until _________ _____________.
Innocent, proven guilty
Everyone in America has the right to education and health care. True or False (think about our rights in the Constitution)
False
Double Jeopardy?
Tried twice by the same jurisdiction for the same offense
Alfred the Great required all able-bodied men to do what?
Purchase weapons and be available for military duty
What does the Fifth amendment recognize?
Capital punishment
What is bail?
Amount of money defendants must post to be released from custody until their trial.
One of the Sixth Amendment's purposes was to keep trials from becoming arbitrary and unfair.
True
Exclusionary Rule?
Evidence seized in violation of the Fourth Amendment
Before a tyrannical government can rule, according to Noah Webster, the people must be______________.
Disarmed
I'm on death row, what circumstances could occur that could set me free?
New evidence, a pardon
Criminal cases involve ______________ _________ with the ____________ prosecuting individuals or institutions.
enforcing laws/public codes of behaviors, government
Websters 1828 Dictionary describes the militia of a country as the able-bodied men under 35 years old. True or False
False--It doesn't mention an age
What is the Collectivist View of the 2nd Amendment?
Protects only the right of the people collectively to bear arms by the state maintaining a national guard or police force
Exceptions in the Third Amendment to quartering troops?
Owner's consent, in wartime in a manner prescribed by law
Civil cases involve conflicts between ________ or ____________.
People or institutions/businesses
How does the judge determine the amount of bail--what do they take into consideration
The risk of the defendant fleeing
the type of crime
how "dangerous" is the defendant
The Eighth Amendment was designed to prohibit "Capital Punishment" as cruel and unusual.
False
What is the "Individualist" View of the 2nd amendment?
Protects the individual's rights to bear arms
To be "reasonable," a search must :
Be accompanied by a warrant, supported by probable cause, have probable cause set forth in an affidavit, and be authorized by a neutral magistrate.
____________rights are a powerful check and balance on Federal power.
States
Two ways that a Criminal case can be settled out of court?
Government dismisses a case
Defendant pleads guilty
The Ninth Amendment made sure to clarify that rights not listed in the Constitution still belong to the people.
True