due process quiz 1

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14 Terms

1
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When established, the Bill of Rights intended to limit who’s power?

federal government

2
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The 14th Amendment imposes limit on who?

states

3
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The remedy for a 4th Amendment violation is through what?

the exclusionary rule

4
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What are the two parts of the REOP test?

  1. Does the individual have a subjective expectation of privacy?

  2. Is it one society is willing to accept?

5
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What are the curtilage factors?

  1. proximity to house

  2. in the same enclosure as the home

  3. nature of use

  4. steps taken to shield it from public view

6
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What are the sources of procedural law?

  1. United States constitution

  2. states constitution

  3. USSC

  4. federal courts

  5. federal rules of evidence

  6. state rules of evidence

  7. state case laws

  8. agency rules/regulations

7
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What is the MA court structure from highest to lowest?

  1. Supreme Judicial court

  2. appeals court

  3. superior court

  4. district court

8
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Which MA courts are courts of law?

SJC and appeals court

9
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Which MA courts are trial courts?

superior and district court

10
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what is criminal law?

defines the conduct that society seeks to punish

11
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what is criminal procedure?

rules and regulations that govern whether a violation of criminal law has occurred

12
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which case gave the exclusionary rule to the states?

Mapp v. Ohio

13
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What is the MA constitution called?

MA declaration of rights

14
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which case overturned the physical trespass doctrine for Fourth Amendment searches?

Katz v. U.S.