Law Unit 1 Test

Keep calm and study hard :)

1st Amendment

Freedom of speech, freedom of press, freedom to petition, freedom to assembly, freedom of religion

What is NOT protected by the 1st Amendment

Obscenity, defamation (libel, scandal). commercial speech, “fighting words'

Establishment Clause

Government cannot establish or favor one religion over another.

Free Exercise Clause

Free to worship any religion or not.

2nd Amendment

The right to bear arms

4th Amendment

“4, knock on the door”

1) People are secured in person, house, paper and against unreasonable searches and seizures.

2) Probable cause for a warrant

3) Protects your privacy from law

5th Amendment

“Keep quiet and plead the 5th”

1. Right to remain silent- Protects individuals from being forced to testify or give evidence against themselves

2. No double jeopardy- Stops the government from trying a person twice for the same crime after they have already committed.

3. Due process- Guarantees that the government must follow fair and proper legal procedures before depriving anyone of life, liberty, or property.

4. Grand jury- Requires a grand jury to review evidence

5. Eminent domain- Allows the government to take private property for public use, but only if it provides fair and just compensation to the owner.

6th Amendment

“6 is a fast and fair 6”

1. Guarantees rights of criminal defendants, right to a lawyer, right to trial without unnecessary delay, right to an unbiased jury, right to know who your accusers are.

7th Amendment

“7 is an upside down J= Jury trial”

-Rights to jury trial, Civil lawsuits, federal courts only, Only when value exceeds $20 protection from government

8th Amendment

“8 looks like handcuffs”

Protects people from: unfair treatment, excessive bail, excessive fines, cruel and unusual punishment

10th Amendment

-Gives power to state & people to make laws, limits federal power to only Constitution, stops the fed government from overreaching, creates balance between state and federal, gives personal rights to people, the fundamental rule to enforce federalism.

14th Amendment

Citizenship and Rights, Birthright citizenship, due process-, equal under law

18th Amendment

Banned manufacture, sale and transportation of alcohol, ratified in 1919 in the Prohibition Era, led to immense up rise in crime, repealed by 21st amendment in 1933 *the only repealed amendment

19th Amendment

1919- Guarantees voting rights for any gender, equality towards women

21st Amendment

Ended prohibition, repealed the 18th amendment, allowed the making, selling, and transportation of alcohol.

Number of justices in S.Court

9 Justices

T/F Is there a set number of justices written in the Constitution

NO. There is no set number of justices in the Constitution so Congress can change it anytime

Term length of justice

For life or retirement

Steps of becoming a Supreme Court Justice (7)

1) Vacancy/ open position (ex. a justice retires)

2) Nominated by sitting President

3) Confirmation hearing (simple majority)

4) Confirmed by Senate (simple majority)

5) Term is for life/retirement

6) No age requirements

7) No set qualifications to be a Justice

Salary of Chief Justice and Associates

Chief Justice: $317,500

Associate: $298,910

Approximate number of cases heard by the Supreme Court.

about 8,000 petitions to court- about 80 cases heard per session

Cases heard in the FEDERAL Courts (9)

1) Federal law (FBI, ATF, DEA, TSA, ICE, etc)

2) The Constitution

3) Federal employees

4) Shipping on the seas/airspace

5) Disputes involving U.S. govt.

6) Disputes involving 2 or more states ($75,000 +)

7) Disputes between citizens of different states ($10,000+)

8) Native American reservations

9) Copyright/trademark

Cases heard in the STATE courts (6)

1) Criminal Law (felonies, misdemeanors)

2) Civil Law (lawsuits)

3) Family Law (divorce, child support)

4) Juvenile Law

5) Traffic Court

6) Small Claims court

Agencies part of the Federal government

FBI, ATF, DEA, TSA, ICE, etc.

What is Writ of Certiorari

Supreme Court decides which cases to hear- they are fully informed. A group who loses a case in a lower court can ask a higher court *S. Court* to review the decision.

Which federal district is Illinois in?

7th district

Current members of the Supreme Court

CJ- John Roberts

AJ- Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney-Barrett, Ketanji Brown- Jackson

Rule of Four

• Circuit Conflict- utilized when there is a conflict among the lower federal courts

• Importance- cases that have the otential to impact many people “one of a kind”

• Areas of Interest to the Justices

• Obvious legal Errors in lower Courts