Introduction to Civil Liberties, Federal Agencies, and the American Legal System
Classroom Administrative Policies
Late Work Policy: All late work is strictly due by the last Friday of every month.
Next Deadline: For the current month, the absolute deadline for all late submissions is next Friday.
Credit Structure:
Work submitted by the monthly deadline receives half credit.
Submissions made after the monthly deadline receive zero credit.
Upcoming Schedule:
Monday: A designated "get your life together day" to study for tests, finish worksheets, or complete projects.
Tuesday: The unit test, consisting of questions plus a handwritten essay.
The Bill of Rights and Amendments
Third Amendment: This amendment prevents the government from quartering soldiers in private homes. It ensures that authorities cannot come into a home to steal food or assault inhabitants.
Fourth Amendment: Search and Seizure:
Probable Cause: This is the essential keyword for this amendment. Legal search and seizure requires probable cause.
Procedures for Seizure: Authorities are permitted to take items discovered during a search of a house or vehicle if they need them for evidence or if the items are illegal.
Illegal Items: This includes items such as drugs, guns, or large piles of cash. The government may keep these items as part of the legal process.
Damaged Property: If authorities damage property during a search, such as a computer being broken during a fall, the government is legally required to pay for the replacement.
Return of Property: Once legal proceedings, trials, and prison sentences are entirely concluded, authorities are required to return non-illegal personal belongings (e.g., watches, wallets, clothes).
Backyards and Private Property: Police may enter private backyards without a warrant if they deem it necessary, such as in cases of extreme noise or emergencies like an unconscious individual being visible through a window.
Fifth Amendment: This amendment is comprised of five distinct parts.
Sixth Amendment: Criminal Court:
This amendment governs the criminal law system, where a person is placed under arrest and put in handcuffs.
It applies to specific crimes such as theft, tax evasion, or violent crimes.
Seventh Amendment: Civil Trials:
This covers civil cases where individuals sue one another, such as divorce cases or parental custody disputes.
Case Study: McDonald's Coffee: In a famous civil case, a customer sued McDonald's for after spilling hot coffee. Evidence showed the coffee was sold at dangerously high temperatures, resulting in third-degree burns from the chest to the knees requiring multiple surgeries. The plaintiff won the case.
Case Study: O.J. Simpson: This demonstrates the separation of systems. O.J. Simpson was found "not guilty" in a Sixth Amendment criminal trial (where the glove did not fit). However, in a subsequent Seventh Amendment civil trial, the family of Ron Goldman (referred to as Goldman, Goldstein, or Goldberg) sued him and won, requiring him to pay money.
Eighth Amendment: Bail and Punishment:
Bail Factors: Bail is an amount of money paid to remain out of jail while promising to return for trial. Judges determine bail based on being a "flight risk," past criminal records, and possession of a passport.
Variable Bail Examples:
A student (Lee) with good grades, no record, and no passport for a speeding offense would likely receive low bail.
A student (Yas) with a past drug charge for the same offense would receive higher bail.
A student (London) with multiple drug charges, speeding tickets, and a passport would receive very high bail.
Punishment Consistency: Unlike bail, which is subjective to the judge, the final punishment for a specific crime is typically standardized (e.g., a speeding ticket regardless of the individual's record).
Ninth Amendment: Defines that the specific rights of individual people must be protected; citizens have individual rights.
Tenth Amendment: States' Rights:
States have the right to disagree with federal laws and can sue the United States government.
States can also sue one another. For example, if a resident of Utah goes to California for a medical procedure (like an abortion) that is illegal in Utah, Utah might attempt to sue California.
Eleventh Amendment: Allows an individual to sue a state.
Twelfth Amendment: The Electoral College: This amendment established the Electoral College. In early American history, the person with the most votes became President and the runner-up became Vice President. This led to conflict between opposing parties (e.g., a Republican President and a Democratic Vice President). The amendment changed this so the President and Vice President from the winning party are elected together.
Jurisdictions and Intelligence Agencies
Local Governance: Jurisdiction is often determined by street signs. Green signs indicate Walnut Creek jurisdiction; white signs indicate county jurisdiction. Walnut Creek police cannot enter a house in the county, but the Sheriff (county) can enter a Walnut Creek house.
US Marshals: They have universal jurisdiction and can operate anywhere they wish.
FBI (Federal Bureau of Investigation):
Responsible for threats inside the United States.
Automatically takes over cases involving child kidnapping; they maintain their own task forces and airplanes.
Handles federal crimes that cross state lines, such as a truck stolen in Oakland and found in Nevada.
CIA (Central Intelligence Agency):
Established during World War II originally for spying against Nazis.
Investigates threats to the United States originating outside national borders using undercover agents worldwide.
NSA (National Security Association):
Focuses on high-level investigations, often utilizing advanced technology like satellites that can see through windows.
American History Foundations and Test Review
Historical Figures and Events:
Explorer of 1492: Identification of the individual who claimed to discover America but did not actually reach the mainland first.
Native American Slavery: Europeans did not use Native Americans as primary slaves for several reasons: many died from European diseases (such as syphilis) and enslaving them led to immediate warfare with local tribes.
Natural Rights: Concept from John Locke, defining unalienable rights as Life, Liberty, and Property.
Common Sense: Written by Thomas Paine.
Marbury v. Madison: Established the principle of Judicial Review, allowing the Supreme Court to strike down laws made by Congress if they are unconstitutional.
Key Terms:
Abolition: The movement to end slavery.
Republic: A form of government where power identifies with the people and their elected representatives.
Federalist: A supporter of a strong central government where the states are united under one federal power.
Anti-Federalist: A supporter of states having more power than the federal government.
Lucretia Mott: A key historical figure in social reform movements.
Other Concepts: Louisiana Purchase, Monroe Doctrine, Cotton Gin, and the Articles of Confederation.
Examination and Essay Guidelines
Test Materials: Students are permitted to use one blue Post-it note.
Only information on the front of the blue Post-it may be used.
Writing on the back is prohibited.
If the Post-it is lost or a different color (like pink) is used, the student cannot use it.
The Post-it is turned in with the test and cannot be used for the essay portion.
Essay Prompt: "Do all Americans have Life, Liberty, and the Pursuit of Happiness?"
The essay must take a definitive "Yes" or "No" stance.
Argument structure must include one example from early American documents (the Constitution or Amendments) and two modern examples (occurring from World War II to the present, such as immigration or abortion).
Format: The entire test and essay are handwritten.