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Libel
Writing untruths
Slander
Speaking untruths that damage
Clear and present danger
Your speech can present a danger
Ex: yelling bomb/fire
Prior restraint
The government can't stop papers from printing the truth
Free exercise clause
You are free to practice your religion unless you break the law
Writ of habeas corpus
Formal written charge
Petite Jury
12 people decide innocence or guilt
Indictment
The formal charge by grand jury
Due process clause
The government can't take life, liberty or property without going through the court process
Eminent domain
The government can't take your property unless they pay you full market
Civil trials
Deal with money and property
5 freedoms of the first amendment
speech, religion, press, assembly, petition
Establishment clause
The government cannot set up a religion
(separation of Church and state)
Exclusionary rule
Evidence gained illegally cannot be used in court
Grand jury
12-20 people decides if there's enough evidence to go to trial
Unenumerated rights
Rights not written down, but still guaranteed
Ex: privacy and human rights
In loco parentis
Act in place of your parents
3rd amendment
No quartering of troops
4th Amendment
Search and seizure
8th amendment
No cruel and unusual punishments, excessive bails or fines
10th amendment
Powers to the states: | |
Drinking, driving, smoking, licenses, | |
punishment, corporal punishment, | |
marriage |
10th amendment
Powers to the states: | |
Drinking, driving, smoking, licenses, | |
divorce, abortion, capital | |
punishment, corporal punishment, | |
marriage |
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
Stafford v Redding
Girl accused of having ibuprofen
she was strip searched
supreme Court ruled that it is illegal search under the 4th
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
Mapp v. Ohio
cops searched with an illegal warrant
supreme Court said evidence gained illegally can't be used in court
4th amendment
NJ v. TLO
Supreme Court said school only needs reasonable suspicion to search you
-not a violation of the 4th amendment
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
Engle v. Vitale
schools made kids say a prayer
supreme Court says this is illegal
goes against Ist amendment establishment clause
Riley v. California
police search without warrant
find incriminating evidence
supreme Court says illegal
4th amendment warrant needed
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
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
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
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
Sante Fe v. Doe
kids said prayer before football game
supreme Court says illegal
goes against the lst amendment establishment clause