Constitutional Law Test

What is the introduction to the constitution called?

The preamble

The first three articles of the constitution list the branches of government. Which branches are described in each article?

1: Legislative

2: Executive

3: Judicial

How many amendments are in the constitution?

27

How many justices sit on the supreme court?

9

What is the bill of rights?

First 10 amendments

Define “due process”

The steps the government must follow to make sure your rights aren’t violated.

Name the system in which each branch has the power to restrain the other branch

Checks and balances

article 6 of the constitution explains the “supremacy clause.” Define the meaning of this clause.

Constitution is supreme, then federal laws then state laws.

First amendment includes freedom of speech. What 5 types of speech are not protected?

Obscenity (profanity), Defamation (slander or libel), Commercial speech, “fighting words,” and “True threats.”

The second part of the first amendment is…

freedom of the press

the third part of the first amendment is…

freedom of religion

Establishment clause

forbids the government from setting up a state religion.

Free exercise clause

Protects the right to worship or believe as you choose (actions may be limited, though).

the fourth and fifth parts of the first amendment is…

freedom to assemble and freedom to petition

The second amendment is…

the right to keep and bear arms.

the fourth amendment is…

the right to be protected against unreasonable searches & seizures.

the fifth amendment is…

rights of the accused

“double jeopardy” is…?

Proteccts individuals from being tried for the same thing twice.

“self incrimination”

Do not have to testify against oneself (plead the fifth)

“Due process”

steps the government must take before taking away you life, liberty, or property.

The 6th amendment is?

Rights of criminal defendants

Whaat are the 6 rights of criminal defendants?

1 - speedy, public trial

2 - impartial jury

3 - informed of the charges

4 - confront accused

5 - obtain witnesses

6 - Right to councel (attorney)

What is the 7th amendment?

right to a trial by jury in civil cases where the ammount exceeds $20 (one company sues another, no jail).

What is the 8th amendment?

No excessive bail or fines may be imposed. No cruel and unuual punishment inflicted.

What is the 10th amendment?

Powers not “delegated” to the federal government are “reserved” to the states. Ex: driving, marriage, taxes.

What is the 14th amendment?

“equal protection” under the law. Protection of due process. All persons born in the US are US citizens.

List the various levels that are used to determine whether police have sufficient evidence to obtain a search warrant. (lowest-highest).

1 (highest) - Beyond reasonable doubt

2 - prepinderance of the evidence

3 - probable cause

4 - reasonable grounds

5 - reasonable suspicion

6 - a hunch

7 (lowest) - no information

Police need a minimum of _______ to obtain a search warrant, with the exeption being a public school setting.

“probable cause.”

The 4th amendment only applies to a search if a person has a “legitimate expectation of privacy.” What are the two questions used in the 2-part supreme court test?

1 - Did the person actually expect some type of privacy?

2 - Does society recognize that type of privacy?

Note: No government agency/action involved = no search.

What did the supreme court decide in Terry V. Ohio?

A police may stop a suspect and frisk them with reasonable suspicion.

List the 8 situations in which searches may be legally conducted without a warrant.

1 - Search incident to a lawful arrest. (area around)

2 - Stop and frisk

3 - Consent

4 - Plain view

5 - Hot pursuit

6 - Vehicle searches

7 - Emergency situations

8 - Border and airport searches

If the police arrest you in a common area, can they search your private area?

No

If someone else reports you,…

police can search w/out a warrant

Can the police act alone on an anonymous tip?

No

When a car is a crime scene,…

The police can search it.

Order of federal court pathway - from lowest to highest.

US District Courts, US Court of Appeals, US Supreme Court.

Order of state court pathway - from lowest to highest.

State Trial Courts, Intermediate Appellate Courts, State Supreme Courts, US Supreme Court.

District Courts judge the _____ of the case.

facts

Appeals Courts judge the _____ of trials.

fairness

Supreme Court judges…?

matters of law

The US Supreme Court will only hear cases involving…?

The violations of amendments.

How many federal court districts are there?

13 circuit courts.

Illinois is part of which federal district?

7th

The 9 cases heard in the Federal Courts are…?

1. Federal Law

2. The Constitution

3. Federal Employees

4. Shipping on the seas

5. Disputes involving the US Government

6. Disputes involving two different states ($75,000+)

7. disputes involving citizens of two different states ($10,000+)

8. Native American Reservations

9. Copyright/Trademarks

Cases heard in the State Courts are…?

1. Criminal law (felonies & misdemeanors)

2. Civil Law (lawsuits)

3. Family law (divorce, child support, adoption)

4. Juvenille law

5. Small claims

6. Traffic Court

How many supreme court justices?

9

About how many cases does the Supreme Court hear per year?

80

What is the job of the Supreme Court?

To interpret the law.

Steps to becoming a Supreme Court Justice:

1. Nominated by the president

2. Approved by the senate

3. No age limit

4. No law degree required

5. Do NOT need to be a US citizen

Justices serve for life as long as they maintain…?

“good behavior.”