Due Process
Give an example of each
Rule of Law: Who the law applies to
Due Process: How the law is enforced.
What is the 4th amendment?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, - shall not be violated,
No warrants shall issue without probable cause,
Describe the facts of New Jersey V. TLO
Name the amendment
Rights expanded or restricted
Two girls caught smoking in the bathroom, the principal goes through her bag and finds drug paraphanelia, she sues, arguing that the principal did not have the right
4th amendment, rights expanded
The person suing another person in a civil case is called the.....
Plaintiff
What is the burden of proof in a civil case?
Preponderance of Evidence
What is the 5th amendment
Right to a witness & due process (to be treated fairly if accused of a crime.)
Freedom from double jeopardy (Can’t be charged with the same crime twice)
Right to remain silent when being asked questions
Which of the following court cases guaranteed the right to a lawyer in all cases?
Name the case and the amendment
Gideon V. Wainright, 6th
Which 2 headlines best reflect the court case, United States v. Nixon (1974)?
The President Argues He is as Powerful a King - Only Four Years at a Time
The Supreme Court Determines the Constitutionality of the Legislative Branch
Presidential Executive Privilege Is Limited to Certain Executive Actions
The Supreme Court Uses the Fourteenth Amendment to Review Reapportionment Cases
The President Argues He is as Powerful a King - Only Four Years at a Time
and
Presidential Executive Privilege Is Limited to Certain Executive Actions
What is the punishment in criminal vs. civil law?
Criminal law: Jail, community service, a fine.
Civil Law: Monetary Damages or an injunction (stop a law)
What is the 6th amendment
Right to a speedy, public trial by a fair and impartial jury
Right to a lawyer in felony cases
Right to know charges against you
Describe the facts of Miranda V. Arizona
Name the amendment
Rights expanded or restricted
- Miranda was not read his rights when he was arrested. He sued and got a retrial. Now the police must inform you of your rights when arrested.
5/6th amendment, rights expanded.
What is a Subpoena?
A document ordering a person to attend a court
Explain the difference between a grand jury and a petit jury.
A Grand Jury decides whether or not a person should be indicted – charged with a crime
If the person goes to trial, a Petit Jury determines if they are guilty or not.
What is the 8th amendment?
Protection from excessive bail & cruel and unusual punishment
Marbury V. Madison
Explaion the purpose of the Writ of Habeas Corpus
A person who is arrested for a crime must be formally charged and allowed to plead guilty or not guilty within a limited amount of time. Usually 72 hours.
What are some of the challenges faced by public defenders, and how does that impact people's ability to get their 6th amendment right to counsel?
Low salary leading to few public defenders.
Too many clients per person.
What is the 14th amendment and how does it relate to Judicial Incorporation
The 14th amendment makes the Bill of Rights apply to the states (judicial incorporation)
Enforces Due Process under the law and prevents states from creating laws that violate citizens’ individual rights.
Explain the facts of Nixon V. US and how it relates to the Rule of Law?
The Court ruled that executive privilege could not protect the president from handing over evidence related to a criminal investigation.
Rule of Law upheld
Describe the facts of Baker V. Carr
Wishart Will explain