Courts, Rights, & you Constitutional Freedoms

supreme court

final arbiter for federal, state, & military courts, as well as Congress, state legislatures, & executives

circuit courts

regional, 13, appellate jurisdiction

district courts

94, original jurisdiction

original jursidiction

hear & decide cases first, district courts

appellate jurisdiction

review decisions made by lower courts, circuit courts

judicial review

legal principle that laws and executive actions can be reviewed and upheld or overturned by the courts

precedent

similar crimes will have similar judgements

stare decisis

to stand by things decided

case law

the law as established by the outcome of former cases

establishment clause

the govt can’t favor one religion over another

free exercise clause

govt can’t prevent you from practicing your religion

unreasonable searches and seizures clause

can’t be searches w/o a cause, protects against unreasonable searches and seizures

probable cause

a reasonable person believes a crime is or will be committed

warrant clause

warrants are needed to search property and people

right against self-incimination

you can’t be forced to testify against yourself

double jeopardy

you cannot be charged with the same crime twice

right to due process

treat you fairly, must establish rules and procedures, and don’t act unreasonable

confrontation clause

the defendant has the right to object to the witness’s testimony and confront them face-to-face in court

Immanuel Kant

treat people as people

categorical imperative

commands or moral laws all persons must follow, regardless of their desires or extenuating circumstances

non-protected speech

obscenity, libel, slander, imminent lawless action, true threats, fighting words, national security, speech in a role of a public employee

Morse v. Frederick

Schools can ban speech off campus if it takes place at a school-sanctioned event

Hazelwood School District v. Kulmeier

schools can censor articles in the student newspaper

Katz v. United States

Reasonable expectation of privacy in a public place

When do you not have a “reasonable expectation of privacy”?

garbage, once its on the street, call/talk on your phone, exterior of your car, and inside of car with probable cause

Terry v. Ohio

Police do not need probable cause to stop, merely reasonable suspicion

Exclusionary Rule

No Evidence gained without a warrant, or probable cause, cannot be used against you

Searches in public schools

school administrators don’t need probable cause to search a student

Knowles v. Iowa

Cops can’t conduct a full search if driver was stopped but not arrested

Wyoming v. Houghton

Cops can search all containers in a car if cop has probable cause to believe the car contains illegal materials