Constitutional Rights

U.S. Constitution

Provides a workable framework for our federal government; 1789

Declaration of Independence

A proclamation to let the King know that colonists wanted their rights; July 4, 1776

Bill of Rights

First ten amendments to the Constitutions; based on the Magna Carter, Petition of Rights, and English Bill of Rights

First Amendment

No law to prohibit freedom of speech, press, assembly, or petitioning of the government

Second Amendment

Right to bear arms for security

third amendment

government militaries cannot take over a citizen's house without consent

fourth amendment

against unreasonable searches and seizures; warrants should be issued for probable cause

fifth amendment

protection against self incrimination on trial; double- jeopardy, if not found guilty, a person canot be tried again; right to due process

sixth amendment

right public and speedy trial; an impartial jury; right to a counsel

seventh amendment

right to a jury trail if the amount exceeds $20

eighth amendment

prohibits excessive bail and cruel and unusal punishment

ninth amendment

just because the right is not mentioned in the constitution, does not mean it is not a right

tenth amendment

powers not mentioned in the constitution for the federal government are reserved for the states; states can govern their own citizens without their own boundaries

civil rights

personal, human rights recognized and garanteed by the Constitution

legal rights

cannot be deprived of life, liberty, or property without due process

legal duties

respect life of others, their freedom and their property

Due process of law

5th amendment; requires adequate notice and a proper hearing

due process of law garantees

4th, 5th, 6th, 7th, 8th, and 9th amendments

thirteenth amendment

abolition of slavery

fifteenth amendment

gave the right to vote to black men

sixteenth amendment

gave the right to vote to women

seventeenth amendment

1971, gave 18-year-olds the right to vote

peripheral rights

rights not mentioned in the Constitution, but courts have recognized them as necassary for protection

1960

year the right of privacy was declared

system of checks and balances

a balance of power between branches of government

legislative branch

congress: senate and house

Senate

two members allowed per state, six year terms; has the power to try impeachment cases

House of Representatives

based on population, two year terms; determines bills for taxing or the funds to start; brings impeachment charges

executive branch

president and vice-president; determined by the electorial college

political party

private organization of citizens who select and promote candidates

judicial branch

court systems

pure democracy

every adult citizen may vote on all issues

republic

representative democracy, voters select representatives to vote for them

fourteenth amendment

limits states' powers

FTC

Federal Trade Commission

SEC

Securities and Exchange Commission

NLRB

National Labor Relations Board

FCC

Federal Communications Commission

EEOC

Equal Employment Opportunity Commission

OSHA

Occupational Safety and Health Administration

CPSC

Consumer Product Safety Commission

FDA

Food and Drug Administration

EPA

Enviromental Protection Agency

NRC

Nuclear Regulatory Commission

DHS

Department of Homeland Security

cyberlaw

law that is intended to govern the use of computers in commerce and the Internet

Who developed the Internet?

US Department of Defense

When was the Internet developed?

late 1960's

What was the Internet first called?

ARPANET

What was the purpose of the Internet?

to increase pace of developements of the defense projects and share information

Who created their own Internet in the late 1980's?

National Science Foundation

When did the Internet begin being used for businesses?

1991

What made the Internet user friendly in the 1990's?

hypertext

Who developed the web as we know it?

Tim Berners-Lee

What is a browser?

uses hypertext to allow access

HTML

hypertext markup language

HTTP

hypertext transfer protocol

state jurisdiction

business done between state citizens

federal jurisdiction

cases on large amounts ($75,000) or cases between different states

Does the state where a lawsuit is filed allow a defendant to be from a different state?

if they havea long arm statute

Roth vs. U.S.

no protection under the 1st amendment against obsenity; caused the question "Did the questionable material have any redeeming social importance?"

Miller vs. California (1973)

the standard of communities affected by obscenity varies from community to community

Communications Decency Act (1996)

made to control the knowing transmittal of obscene materical throught the Internet

Child Online Protection Act (1998)

requires commercial sites to restrict access to their sites containing harmful matericcal to children

Are personal e-mails on an employer's system protected by the right of privacy?

no

spamming

practice of sending unrequested emails in bulk to customers

cookie

list of sites visited, packet of info containing internet address and other personal information

What cookies are forbidden?

information on videos and cable programs rented or purchased

What cookies are not forbidden?

gathering of information and sharing it about users while they are online

impeachment

trial of a government official for misconduct in office

sovereignty

freedom from external control

amendment

a change or alteration

hypertext

nonlinear format for the publishing of information

scanning program

accesses information from the internet in the form of a brower

HTTP

provides the standard for exchanging files in HTML format

e-commerce

the name of business that is conducted electronically

spamming

sedning unrequested bulk e-mailing to hundreds of thousands of potential customers through the Interest

minimum contacts

jurisdiction is only proper if the defendant has either a substantial, continuous, and systematic presence, or ___________ _________

HTML

dictates the format of standard Web documents