The Judicial Amendments
Police usually need this legal document to search a person's home.
Bonus +50: This amendment guarantees this right
A warrant
Bonus: The 4th Amendment
When can police search a car without a warrant?
When they have probable cause to believe it contains evidence of a crime.
Laws that cover crimes and wrongful actions committed against the laws that are in place
Criminal Law
This philosophy argues the constitution should be interpreted based on the original meaning of the text when it was written
Originalism
What is the difference between trial and appellate courts?
Trial courts hear cases first while appellate courts hear the case the second time focusing on actions of the trial court or cases that involve federal agencies / Constitutional questions.
For a search to be considered “reasonable”, officers must have
Officers must have probable cause
When can a case be appealed to a higher court?
When there is a claim of legal or procedural error in the trial
Considered minor crimes
Misdemeanors
Reflects the idea that the Constitution should be interpreted strictly as it is written; giving little power to the federal government beyond what is explicitly stated in the Constitution
Strict Construction
What is the primary distinction between state and federal courts?
State courts handle cases involving state laws, while federal courts deal with cases involving federal laws
“Pleading the Fifth” means
Avoiding self-incrimination
What is the purpose of the Double Jeopardy clause?
To avoid unnecessary harassment and oppression of the accused (Being charged more than once for the same crime)
The American Law system, like the English, is built upon _________, or former decisions that were rendered (given) to cases involving common laws
Precedent
The idea that courts should limit the us of their own powers to strike down laws or otherwise oppose actions of the other two branches
Judicial Restraint
Name the 3 layers of the Federal Court system
US District Court, US Court of Appeals, and the US Supreme Court
What is the focus of the Sixth Amendment?
How the courts are run. (The right to a speedy and public trial, an impartial jury of peers from the area, confronting witnesses, and the guarantee of a lawyer)
If an officer is lawfully inside a home to execute an arrest warrant and sees drugs on a table, can they seize the drugs without a separate search warrant?
Yes, because the drugs are in plain view and the officer has a lawful right to be in the home.
How long are terms for Justices on the Supreme Court of the United States?
This approach interprets the Constitution by focusing closely on the words, rather than context or intent.
Textualism
The right of a court to make decisions on specific type of case or cases that originate in its geographical area.
Jurisdiction
What are the 5 protections or guarantees given to you by the 5th Amendment to protect you from unfair government practices?
Double Jeopardy, Protections against self-incrimination, Miranda rights, just compensation / eminent domain (government claim of private property for public use, and due process (fair and established rules)
The right to a public trial is essential because it helps to ensure:
Transparency, fairness, and accountability in the legal system.
How many Justices are on the Supreme Court of the United States?
Bonus +50: How many justices are on the Iowa Supreme Court
9
Bonus: 7
A justice who believes the Constitution evolves over time to meet modern needs supports this philosophy
Modernism
What is the difference between Courts of Certain Jurisdiction and Specialized Courts?
Courts of Certain Jurisdiction are made for a specific purpose and then dissolved, Specialized Courts focus on types of cases and stay