128 Cards in this Set
| Front | Back |
|---|---|
|
What are the 5 individual clauses in the U.S. Constitution?
|
Privileges/ Immunities clause
Full-Faith/Credit Clause
Commerace Clause
Supremacy Clause
Taxing/Spending Powers Clause
|
|
What is the U.S. Constitution
|
Supreme law of the land
|
|
What is the Privilege/Immunities Clause?
|
States rights/powers
Citizens of each state are entitled to the same privileges/immunities of citizens in different states
(protects citizens from discrimination from state to state)
|
|
What is the Full-Faith/Credit Clause?
|
assures citizens that contracts/documents/writings will be honored from state to state (EX: Judicial decisions will be honored from state to state)
|
|
Where does the the Full-Faith/Credit Clause apply?
|
ONLY to civil matters
|
|
What does the Commerce Clause state?
|
prevents discrimination of the sale of goods from state to state (the government controls the inter-state commerce)
|
|
Supremacy Clause
|
the U.S. Constitution is the superior law
|
|
What did Gibbons v. Ogden establish?
|
Gave federal government rights to regulate intrastate commerce as well as all forms of commerce
|
|
What is the Taxing/Spending Powers Clause?
|
Laws that give the government the right to tax you and spend your tax dollars however they choose
|
|
What is the Bill of Rights
|
Protection of individuals from the U.S. government
|
|
Where is the Bill of Rights found?
|
the 1st 10 amendments of the U.S. Constitution
|
|
What is the 1st Amendment?
|
Freedom of Speech/Religion/Press/Assemble (Protests) /Petition (of the Government)
|
|
What is the 2nd amendment?
|
right to bare arms
|
|
What is the 4th amendment?
|
Prohibits unreasonable search/seizure of person or property
|
|
What is the 5th amendment?
|
Guaranteed right of indictment by grand jury/due process of law/condemnation/prohibits self incrimination/double jeopardy
|
|
What is the 6th Amendment?
|
every individual is guaranteed to a jury trial in a criminal case (speedy trial in criminal) also give rights to cross-examine witnesses
|
|
What is the 7th Amendment?
|
guarantees to jury trial in civil case
|
|
What is the 8th Amendment?
|
prohibits excessive bail/fines (judges reduce bond upon going to court)
|
|
What is the 9th Amendment?
|
Cruel/unusual punishment
-death penalty (Electric Chair)
|
|
What is the 10th Amendment?
|
Powers reserved to the states
|
|
How was the death penalty carried out in Alabama in previous history?
|
Electric Chair
|
|
What is the current way to carry out the death penalty?
|
Lethal Injections
|
|
What are the exceptions under the 1st Amendment?
|
1. Defamatory Speech
2. Any speech violating the criminal law
3. obscene speech
4. fighting words speech
|
|
What forms of speech are "crimes of harassment"?
|
Any speech violating the criminal law
obscene speech
fighting words speech
|
|
What are crimes of harassment classified as?
|
Misdameanors
|
|
What are the two clauses under the freedom of religion?
|
1. Establishment clause
2. Free Exercise clause
|
|
What is the Establishment clause?
|
The government may not establish promote or show preference towards any religion.
|
|
What are examples of issues with the establishment clause?
|
School prayer issues
lawsuits
|
|
What is the Free Exercise Clause?
|
The government can't prohibit the practice of religions and no one can be made to practice beyond their belief
|
|
What must authorities have in order to search/seizure you, your home, and/or car?
|
1. The proper Search Warrant
- Warrant-less Search/seizure
1. In Plain View
2. Possible tampering of Evidence
|
|
How can authorities obtain a search warrant
|
must have probable cause with supporting trust worthy evidence
|
|
In order to have a "proper search warrant" what must it contain?
|
-has to be a court order
-Must state what SPECIFICALLY they are looking for (address a type of thing)
|
|
Should you give consent if the authorities don't have a search warrant?
|
NO
|
|
Do you have to give consent if the authorities have a search warrant against you?
|
NO
|
|
Where does "pleading the 5th" generally apply?
|
Criminal cases
|
|
When can you plea the 5th in civil cases?
|
only if the testimony can lead to a future criminal prosecution
|
|
Can you plea the 5th as a business or corporation as a whole?
|
NO, only as a natural person (individual)
|
|
What courts can the 5th amendment be applied in?
|
Federal and state courts
|
|
What is the Due process clause?
|
No one should be deprived of life liberty and justice
|
|
What amendments include the due process clause?
|
5th and 14th amendments
|
|
Who does the due process clause apply to?
|
Individuals and corporations.
|
|
What is the Equal Protection Clause?
|
states can not deny equal protection to citizens
|
|
Where can the Equal Protection Clause be found?
|
Only in the 14th Amendment
|
|
HIPPA
|
Protects the privacy rights to health care information and medical records
|
|
If granted rights to a persons medical records who must it go through?
|
an attorney or court
|
|
What is the Patriot Act?
|
-protects us from terrorists from accessing banking and education information
-allows government to monitor you and your money
|
|
What caused writing the Patriot Act?
|
9/11
|
|
What clauses are found under the 14th amendment?
|
Due Process clause and the Equal Protection Clause
|
|
What are the two parties in a civil law case?
|
Plaintiff and Defendant
|
|
Who is a civil law case between usually?
|
Person v. Person, Person v. Company, Company v. Company
|
|
What is a Criminal Law Case?
|
An action against society
|
|
Who is the plaintiff in a Criminal Law case?
|
Attorney Prosecutor from the government
|
|
What is a "burden of proof"?
|
beyond a reasonable doubt
|
|
Will the defendant have an attorney in a Criminal case?
|
yes either private or provided
|
|
Are all verdicts unanimous in both criminal and civil cases?
|
YES
|
|
How are charges divided up?
|
Felony or Misdemeanor
|
|
Felony or Misdemeanor
|
Rape/Murder/Kidnapping
|
|
What are examples of a misdemeanor?
|
theft/assault
1st DUI
|
|
What is LOWEST classification for a felony or misdemeanor?
|
Class C
|
|
What is the Jail time for a class C Felony?
|
Jail time from 1 year and 1 day (366 days) up to 10 years
|
|
What is the Jail time for a class C Misdemeanor?
|
jail time of 3 months
|
|
What is the Jail time for a class B Felony?
|
Jail time from minimum of 2 years up to max 20 years
|
|
What is the Jail time for a class B Misdemeanor?
|
jail time of 6 months
|
|
What is the Jail time for a class A felony?
|
jail time from 10 years minimum to life sentencing
|
|
What is the jail time for a class A misdemeanor?
|
jail time for 12 months
|
|
What is the Fine for a Class C Felony?
|
fine up to $5,000
|
|
What is the Fine for a Class C Misdemeanor?
|
fine up to $500
|
|
What is the Fine for a Class B Felony
|
fine up to $10,000
|
|
What is the Fine for a Class B Misdemeanor
|
fine up to $1,000
|
|
What is the Fine for a Class A Felony
|
fine up to $20,000
|
|
What is the Fine for a Class A Misdemeanor
|
fine up to $2,000
|
|
What is the "Habitual Offender Law"?
|
Range of punishment increases automatically by one level
|
|
If you are convicted 3 times what kind of punishment are you looking at? What is your crime automatically classified as?
|
Life sentence
Automatically a Class A case
|
|
What happens if you are convicted of multiple felonies at once?
|
You plea to 1 of 2 usually or they are merged together
|
|
What are examples of Capital Offenses?
|
Death involved
Rapes
Robberies
|
|
What are the punishments for Capital Offenses?
|
Death or life sentence without parroll
|
|
If you are involved with a criminal case and can't afford a private attorney what happens?
|
You are either assigned a public defender and if a public defender isn't available a private defender is assigned to you
|
|
If you are assigned to a private attorney who pays for it?
|
The state pays for the attorney
|
|
What is a person who can't afford a private attorney referred to as?
|
The state pays for the attorney
|
|
What kind of cases does the Circuit courts in TTown handle?
|
felony cases
|
|
What kind of cases does the District courts in TTown handle?
|
Misdemeanor cases
|
|
What is Criminal Liability?
|
to be convicted of a crime (fraudulence) 1. Actus Reus 2. Mens Rea
|
|
What does "Actus Reus" mean?
|
Criminal Act occurred
|
|
What does "Mens Rea" mean?
|
Intent of committing a crime
|
|
What are the two types of crimes?
|
1. Violent Crimes 2. Property Crimes
|
|
Examples of Violent Crimes?
|
Murders Rapes Robberies Assaults
|
|
Examples of Property Crimes?
|
Burglaries Thefts Arsenal Forgeries
|
|
What is the Youthful Offender Law
|
If you are charged with a crime and if you are under 21 at the time the crime was committed then you can apply for youthful offender status with any case under any court and if granted then all records are sealed.
|
|
Who is eligible for Juvenile Court?
|
Someone under the age of 19
|
|
Is Juvenile Court a separate court system in Ttown?
|
YES
|
|
Can crimes committed between the ages of 14-18 end up in criminal boards?
|
YES, but depends on history/maturity level
|
|
What does disposition of your case mean?
|
All records are sealed and not a public record
|
|
What are common defense tactics used in Civil court?
|
1. Infincy
2. Lack of Mental-State of Mind
3. Self-Defense/Justification
4. Immunity
5. Insanity
6. Statue of Limitations
7. Entrapment
|
|
What is infincy?
|
Did the person have the mental capacity to commit the crime?
(19yrs old you're charged as adult in ALABAMA)
|
|
What is Lack of Mental-State of Mind?
|
-Did you intend to commit that crime
-Commission
|
|
What is Self-Defense/Justification?
|
Tresspassing/assault
|
|
What is Immunity?
|
Someone agrees to testify against someone for lesser sentence if cooperative
|
|
What is insanity?
|
charged with a felony offense (entered initial plea)
1. rigorous testing
2. psychiatric testing
3. results must prove insane at time crime was committed
4. Sent to mental hospital
|
|
What happens to a parent who kills a child?
|
Sentenced to treatment
|
|
What is statue of limitations?
|
you have 1 year to bring your case to court
|
|
What are the exceptions with the statue of limitations?
|
RAPE and MURDER and more serious crimes
|
|
Entrapment
|
When a law enforcement officer educes or suggests that a crime be committed in order to obtain illegal evidence
-was the defendant predisposed to commit the crime or endued?
|
|
What amendments deal with criminal law?
|
4th 5th 6th 8th amendments
|
|
What is the Exclusionary Rule?
|
Illegally obtained evidence can NOT be used in court
|
|
What is the Miranda Rule?
|
In order for evidence to be received or taken to court the defendant must be read the Miranda rights
|
|
What court case did the Miranda Rights come from?
|
Miranda v. Arizona
|
|
Can you waive your Miranda Rights?
|
YES
|
|
Do the Miranda Rights have anything to do with the actual arrest?
|
No they don't deal with probably cause
|
|
What is the first step in a criminal case?
|
the arrest (with probable cause)
|
|
What are the phases of a criminal case?
|
1. the arrest
2. booking phase
3. initial appearance
4. indictment phase
|
|
what is the booking phase?
|
The second step of a criminal case
Sets your bond tells you what your being arrested for
|
|
Whats the 3rd phase of a criminal case?
|
Initial Appearance
|
|
What is initial Appearance?
|
When you figure out your lawyer and official charging
|
|
What happens after initial appearance?
|
You either go to the Grand Jury or Preliminary hearing
They determine probable cause for charges and arrest
|
|
Which would you rather go to... Grand Jury or Preliminary Hearing and why?
|
The Preliminary Hearing so the defense can question call witnesses gather info before judge determines if there's probable cause instead of going to the grand jury where only the prosecution can make statements and there isn't a cross-examination
|
|
What is the 4th stage?
|
Indictment Phase: where you are formally in the court system with a charge
|
|
Plea Bargaining Phase
|
Either plea guilty and accept settlement charges or deny and go to trial
|
|
What phase does everyone have the right to appeal a crime?
|
The Trial Phase
|
|
What happens after you are convicted of a crime?
|
Judge sets sentencing date for punishment reveal
|
|
What is Stipulate and Appeal?
|
Any criminal case in Civil Court where it is in your best interest to go to circuit court and have a jury trial
|
|
What court is Bankruptcy in?
|
FEDERAL COURT
|
|
What is Bankruptcy?
|
Protection of debtor
|
|
What are the 3 types of ways to declare Bankruptcy?
|
1. Debtors Court 2. Liquidation 3. Reorganization
|
|
What is Debtors Court?
|
Keep belongings and work out a reduced rate over a period of time (5yrs)
|
|
What is Liquidation?
|
When you sell all assets in exchange to be debt free
|
|
What is reorganization?
|
Deals with large corporations who are allowed to continue to operate
|
|
What is Automatic Stay?
|
All creditors are "stayed" meaning they can no longer harass or sue you
|
|
What does "Relief from Automatic Stay" mean?
|
Insurance claims accident fees
|
LGS 200: TEST 1