Return to Set

Upgrade to remove ads

View

  • Term
  • Definition
  • Both Sides

Study

  • All (128)

Shortcut Show

Next

Prev

Flip

LGS 200: EXAM 2

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

Join to view and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?