Chapter 2 Flashcards
1
Q
2 Sources of Law
A
- ) Judge made law (Common law)
- laws that developed through court decisions rather than statutes- ) Legislative law
- Constitution, statutes, ordinances, administrative legislations
- ) Legislative law
2
Q
Sources of individual rights
A
Constitution and the Bill of Rights
3
Q
1st Amendement
A
freedom of speech, religion, petition, assembly, press
4
Q
2nd Amendement
A
Right to bear arms
Government can regulate or prohibit
5
Q
4th Amendment
A
Prohibits unreasonable searches and seizures
6
Q
5th Amendment
A
- Due process
- Double Jeopardy
- self incrimination
- grand jury
- Just compensation
7
Q
6th Amendment
A
- Speedy/fair trial
- Impartial jury
- Right to face accuser/witness
- Advised of charges against U.S.
- Right to an attorney
- Compel a witness to testify
a. Subpoena
8
Q
8th Amendment
A
- Prohibits excessive bail
- Prohibits cruel and unusual punishment
9
Q
Fundamental Rights
A
Those freedoms the Supreme Court has determined are essential to the concept of liberty
10
Q
Total Incorporation
A
Made the entire Bill of Rights applicable to the United States
11
Q
Total Incorporation Plus
A
Includes all Bill of Rights and other unspecified rights
12
Q
Selective Incorporation
A
Combines elements of fundamental rights and total incorporation and is predominate in most Supreme Court cases
