Bill of Rights test

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35 Terms

1
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Libel

Writing untruths

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Slander

Speaking untruths that damage

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Clear and present danger

Your speech can present a danger

Ex: yelling bomb/fire

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Prior restraint

The government can't stop papers from printing the truth

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Free exercise clause

You are free to practice your religion unless you break the law

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Writ of habeas corpus

Formal written charge

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Petite Jury

12 people decide innocence or guilt

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Indictment

The formal charge by grand jury

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Due process clause

The government can't take life, liberty or property without going through the court process

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Eminent domain

The government can't take your property unless they pay you full market

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Civil trials

Deal with money and property

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5 freedoms of the first amendment

speech, religion, press, assembly, petition

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Establishment clause

The government cannot set up a religion

(separation of Church and state)

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Exclusionary rule

Evidence gained illegally cannot be used in court

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Grand jury

12-20 people decides if there's enough evidence to go to trial

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Unenumerated rights

Rights not written down, but still guaranteed

Ex: privacy and human rights

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In loco parentis

Act in place of your parents

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3rd amendment

No quartering of troops

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4th Amendment

Search and seizure

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8th amendment

No cruel and unusual punishments, excessive bails or fines

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10th amendment

Powers to the states:

Drinking, driving, smoking, licenses,

punishment, corporal punishment,

marriage

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10th amendment

Powers to the states:

Drinking, driving, smoking, licenses,

divorce, abortion, capital

punishment, corporal punishment,

marriage

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6th amendment

You have the right to:

  • lawyer

  • fair and speedy trial

  • impartial jury

  • informed of charges

  • tried where crime was committed

  • witnesses in your defense

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Stafford v Redding

  • Girl accused of having ibuprofen

  • she was strip searched

  • supreme Court ruled that it is illegal search under the 4th

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Morse v. Frederick

  • kid made sign that said bong hit for Jesus

  • Not on school grounds, but school sponsored event

  • supreme Court said that schools can limit your speech

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Mapp v. Ohio

  • cops searched with an illegal warrant

  • supreme Court said evidence gained illegally can't be used in court

  • 4th amendment

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NJ v. TLO

Supreme Court said school only needs reasonable suspicion to search you

-not a violation of the 4th amendment

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Michigan v. Stiz

-guy stopped at roadblock

-charged with OUI

-sued saying it was illegal search

-supreme Court says roadblocks are

legal searches under the 4th

amendment

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Engle v. Vitale

  • schools made kids say a prayer

  • supreme Court says this is illegal

  • goes against Ist amendment establishment clause

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Riley v. California

  • police search without warrant

  • find incriminating evidence

  • supreme Court says illegal

  • 4th amendment warrant needed

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Tinker v. Des Moines

  • kids wore black arm bands

  • suspended

  • supreme Court says, can't suspend as it violates free speech under the lst amendment

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Hazelwood v. Kuhlmeier

  • kids wrote articles about divorce and pregnancy

  • School cut them out

  • supreme Court said schools can't sensor ist amendment free press and speech

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Miranda v. Arizona

  • arrested not told he could stay quiet

  • he confessed

  • supreme Court said police must say that you have the right to remain silent

  • 5th Amendment

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Goss v. Lopez

  • students suspended for 10 days but we're never written up or told why

  • supreme Court said schools can't deny students due process right

  • 5th amendment

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Sante Fe v. Doe

  • kids said prayer before football game

  • supreme Court says illegal

  • goes against the lst amendment establishment clause