Constitutional Law Unit

Name 5 parts of the 1st amendment

R-Religion

A-Assemble

P-Press

P-Petitions

S-Speech

establishment clause

forbids gov. from setting up a state religion

free exercise clause

protects the right to worship or believe as you choose

what is the 2nd amendment

The right to keep & bear arms

what is the 4th amendment

The right to be protected against unreasonable searches & seizures

the 4 ways police don’t need a search warrant

1- Search incident to a lawful arrest

2- stop and frisk

3- Consent

4-Plain View

5-Hot pursuit

6-Vehicle searches(w/ probable cause)

7-emergency situations

8-Border and airport searches

the 5th amendment

Rights of the accused

“Double Jeopardy”

5th amendment-

protects individuals from the being tired four the same crime two times

“Self Incrimination”

Don’t have to testify against one-self-

“Plead the Fifth”

“Due Process”

5th amendment-

Steps the gov. must take before taking away your life, liberty, and property

Parts of the 6th amendment"(6)- and definition

Rights of Criminal Defendants

a. Right to a speedy trial

b. impartial jury

c.informed of charges

d.Confront accused

e. obtain witness

f.right to counsel(attorney)

what is the 7th amendment

Right to a trial by jury in a civil case

what are the 2 parts of the 8th amendment

• no excessive bail or fines may be imposed

• no cruel & unusual punishment inflicted

what is the 10th amendment

State rights- powers not “delegated” to the fed. gov. are reserved to the states

10th amendment- 3 examples of state powers

• driving requirments

• marraige / devorces req.

• state taxes

what are the 2 parts of the 14th amendment

part 1: “equal protection”

part 2: “due process” under the law

supremacy clause

Federal laws are superior to state laws

• the US constitution is supreme

Probable cause levels-(lowest to highest)

• no information

• a hunch

• reasonable suspicion- in schools*

• reasonable grounds- search warrants*

• Probable cause

• Preponderance of the evidence- Jury Civil Lawsuit*

• Beyond a reasonable doubt- Criminal Jury trial*

levels of federal court system(Lowest to highest)

• Us district Courts

• US courts of appeals

• US supreme court

District courts judge…

facts of the case

Appeals Courts judge…

Fairness of the trials

Supreme court judge…

matters of law

levels of the state court system(Lowest to highest)

• State trial courts

• intermediate appellate courts

• state supreme courts

• US supreme court

qualifications to be a S.C justice(5)

• nominated by the president

• approved by the Senate

• no age limit

• No law degree required

• do NOT need to be a citizen

Name at least 2 judges

• Ketanji Brown Jackson(Liberals)

• Sonia Sotomayor(Liberals)

Who is the chief justice

John Roberts

“writ of certiorari” -name two criteria(the rule of four)

defintion- that they will hear your case

Rule of Four:

• Circuit Conflict- conflict among the lower federal courts

• Importance- unusual or one of a kind

• Areas of interest to the justices

• Obvious legal errors in the lower courts