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What is the definition of jus soli?
born on US soil
What is the definition of jus sanguinis?
born to a parent that is a citizen
What is naturalization?
immigrants that want to go through the process to become a citizen
What are the 5 steps of naturalization?
1. Entered the US legally
2. Good moral character (cannot have committed a crime)
3. Declare support of the principles of the American government (take an oath and test on citizenship)
4. Prove they can read, write, and speak English
5. Show basic knowledge of American government and history
What is a resident alien?
a foreign national living on an official basis in a country of which they are not a citizen (usually have visas or green cards)
What is an undocumented alien?
someone living in a country without authorization from the government
What is a citizen?
a legally recognized subject of national of a state or commonwealth , either native or naturalized
What is a refugee?
people who leave their country because of life-threatening circumstances; forced to leave their country in order to escape war, persecution, or national disaster
(rules are different)
What rights does Amendment 4 guarantee?
- protects against “unreasonable search and seizure”
- police must have probable cause and obtain a search warrant that describes the place to be searched and persons or items to be seized
- right to privacy
How do police officers obtain a search warrant?
police must go to the judge to obtain
In what situations do police officers not need a warrant?
- public safety
- plain view
- if you consent to a search (ex. TSA, clear bags at games)
- active pursuit
- evidence can be removed before the warrant can be obtained
What are some special situations in the case of search warrant?
- garbage outside of a home
- drug tests in the workplace/school
- drugs found in a traffic stop
- when the helicopter flew over a backyard that was growing marijuana in plain sight
What is the exclusionary rule?
evidence obtained illegally may not be used in court
When can school search a student?
when they have reasonable suspicion that a search will uncover evidence that the student broke school rules
What is civil law?
covers private disputes between people, property, or relationships
What is criminal law?
system for dealing with crimes and their punishments
may be fined, imprisoned, or otherwise punished
What does Amendment 5 guarantee?
- the right to not self-incriminate
- can know your rights
- burden of proof lies within the state, and they must prove you guilty beyond reasonable doubt; have to prove you didn’t do it
What was the cause and decision of the Escobedo v. Illinois 1964 case?
cause: Escobedo asked for a lawyer multiple times and was denied, he made statements that led to his convictions
decision: ruled in favor of Escobedo, said that he would not have made those statements if he had a lawyer present
What was the cause and decision of the Miranda v. Arizona 1966 case?
cause: Miranda was pulled over and was not aware of his rights, court sentenced him
decision: set guidelines for questioning so that all suspects are aware of their constitutional rights
What was the cause and decision of the Gideon v. Wainwright 1963 caase?
cause: said he could not afford an attorney and asked court to provide him with one, but court denied him
decision: court ruled you cannot have a fair trial without legal representation
What does Amendment 6 guarantee?
right to counsel with an attorney
right to a fair and speedy trial
right to a trial by jury
What does Amendment 8 guarantee?
right to fair bail
prohibits cruel and unusual punishment
How is the bail amount determined?
1. seriousness of the crime
2. the person’s ability to pay
3. the person’s past record of offenses
What is double jeopardy?
cannot be tried for the same crime twice, but can be tried for the same crime in different courts
What is the inadequate counsel criteria?
1. “fell below an objectionable standards for reasonableness”
2. There is reasonable probability that if not for the errors of the counsel the outcome would be different
Is the death penalty considered cruel and unusual punishment?
no
What is the capital punishment 2-step process?
1. Trial to decide guilt
2. Separate hearing to determine appropriate sentence
What is law?
rules and standards by which a society governs itself
What are the sources of law?
- constitutional law
- statutory law (written by legislative branch)
- administrative law (agencies that run government programs
- common law (court decisions; precedents; equity law/fairness; injunctions; stop a wrong before it happens
What are the legal system principles?
1. “equal justice under law”
law must be fair and treat all persons alike
Due process - follow proper procedures
What is substantive due process?
the law & substance of it must follow due process laws
What is procedural due process?
carrying out laws must follow due process
What are the types of civil law?
Contracts
Property land
Family law
Torts
What is a contract and the 2 types?
set of voluntary promises
1. Expressed contract - terms are specifically stated
2. Implied contract - terms are inferred by actions
What are makes a contract valid?
must be mentally competent
of legal age
cannot involve anything illegal
include offer, consideration, acceptance
What is property land and the 3 types?
land use and property ownership
real property - land and whatever is attached/growing
personal property - movable items (jewelry) and intangibles (copyright)
mortgage - a loan to pay for a house ( Fair Housing Act)
What is family law?
relationships among family members (carriage, divorce, custody, etc.)
What are torts and the 2 types?
wrongful acts - ex. OJ Simpson case
intentional tort - deliberate act that results in harm to person or property; sought to hurt someone
negligence - careless or reckless behavior (accidentally running someone over, not taking care of someone and they get hurt)
What is a plaintiff?
the person who brings the charges
What is a defendent?
person against whom chargest are brought
What is the process of a civil law case?
1. Hire a lawyer
2. File complaint
3. Pretrial discovery
4. Trial
5. Decision/
What is a complaint and what does it do?
What happens in the pretrial discovery?
check facts and gather evidence
has opportunity to settle and never go to court at this point
True or False: you have the right to a jury trial in a civil case
true
What is your award/decision in a civil case?
money or custody
What are the 3 types of criminal law crimes?
1. Petty offense
2. Misdemeanor
3. Felonies
What is a petty offense?
minor crime
typically receive a ticket or citation
What is a misdemeanor?
more serious crimes
fines or jail time less than 1 year
What is a felony?
serious crimes
punishable by prison and lose certain rights (right to vote and own a gun)
What are the 7 steps in a criminal case?
1. Investigation and Arrest
2. Initial Appearance
3. Preliminary Hearing/Grand Jury
4a. Plea bargaining
4b. Arraignment
5. Trial
6. Decision
7. Sentencing
What must you have to carr
What happens at the initial appearance in a criminal case? (Step 2)
make plea - initial appearance - and set bail
What happens in the preliminary hearing in a criminal case? (Step 3)
indictment; information
What is plea bargaining in a criminal case? (Step 4a)
work out agreement to plead guilty to lesser crimes to get a lesser sentence
prosecution wants plea bargain to ensure that they recieve some
What happening during the arraignment step of a criminal case? (Step 4b)
charges are read and pleaing
What is strict scrutiny?
highest level of scrutiny
involves suspect classification
What is affirmative action?
government programs designed to end the effects of past discrimination by helping disadvantaged groups
can lead to cases of reverse discrimination
What are exceptions to the exclusionary rule?
Good Faith - police thought they had a valid warrant
Inevitable Discovery - the evidence would have been found through lawful search
What does Amendment 14 guarantee?
equal protection under law
What is suspect classification?
under restricted use
usually involves groups that have been historically discriminated against and need special protection from the law
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