Bill of Rights Flashcards
Protects 5 rights
1. Freedom of religion
2. Freedom of speech
3. Freedom of press
4. Freedom of assembly
5. Freedom of petition
1.
What are the five rights the 1st amendment protects?
- Freedom of religion
- Freedom of speech
- Freedom of press
- Freedom of assembly
- Freedom of petition
What are the limitations of freedom of speech
- Cannot defame
- Cannot promote violence
What is the limitation on freedom of assembly?
Must be peaceful
The right to maintain a militia (right to bear arms)
2.
What are the restrictions on the right to maintain a militia (right to bear arms, amendment 2)
- Must have a liscense, and to have a liscense must be 18 years old
- Must get a Federal background check
- Must have a permit to have a concealed weapon or to carry one in public
- Additional restrictions on fully automatic assault weapons
The quartering of troops is outlawed in private homes
Amendment 3
Search and Seizure
1. For an officer to search your home they must have a search warrant from a judge with a probable cause
2. People cannot steal things from your home without a warrrant
3. Only protects private home/not cars
Amendment 4.
Rights of the accused and Eminent Domain
Amendment 5
What are the rights of the accused and Eminent Domain?
- The right to a grand jury
- Protects the accused against double jeopardy
- Due process
- Eminent Domain
What is a grand jury?
A pretrial, consisting of 25 people who decide if there is enough evidence to bring the accused to trial
If they decide there is not enough evidence, the accused goes free
What does “plead the fifth” mean?
You can protect yourself from self-incrimination by not speaking or testifying against yourself
What does Due Process mean?
The government must respect the rights of the accused/all of its citizens
What is Eminent Domain?
The government has the power to seize private property for public use with due compensation
For things like roads, airports, parks, etc…
More rights of the accused
1. Right to a speedy, public trial
2. Right to an impartial petite jury
3. Right ot be informed of accused crime and be read your rights
4. Right to witnesses
5. Right to a lawyer
Amendment 6
Civil cases right to trial
1. Right to jury over any dispute over $20
2. Right to Bench Trial
3. A civil case is a dispute between two or more parties involving money
Amendment 7
What is a petite jury?
A jury of 12 people selected by both defense and prosecuting lawyers. Must have a unanimous vote to guide guilt/innocence
If a unanimous vote is not reached, they switch out the jury for a new one until unanimity is reached
Punishment of crimes
1. Protects against “cruel and unusual” punishment
2. Establishment of Bail
Amendment 8
What does speedy, public trial mean?
It can be public, it can come quickly
What is a Bench Trial?
An option you can have in Civil Cases, in which you let the judge make the decision
Bench Trials are free
What is the difference between a Criminal Case and a Civil Case?
Criminal Cases deal with crimes, Civil Cases deal with disputes regarding money
What is bail?
A sum of money posted to guarantee you will come back to get it for your court date
You pay it to go free until your trial, when you come back and get it
Judge can adjust the amount/reject
The non-enumerated rights
- The rights of the people are not limited to just the ones in the Constitution
- Privacy, travel, voting, etc…
Amendment 9
Powers reserved for the states
Any power not listed in the constitution is up to the states
Amendment 10.
