Constitutional Law/Due Process Flashcards

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1
Q

Due Process (4th, 5th, 6th, 8th, 14th)

A

Government shall not deprive anyone of life, liberty, or property, without the due process of law

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2
Q

Plain View Doctrine

A

if something is in plain view, they have probable cause to warrant arrest/search (1986)

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3
Q

Stop and Frisk

A

“Terry-Stop”; stopping someone without probable cause for their own protection (just need reasonable suspicion)

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4
Q

No-Knock

A

police have to announce they are coming in unless there is imminent danger

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5
Q

The Exclusionary Rule

A

any evidence seized illegally or whatever evidence that preliminary evidence led them to (fruits of the poisonous tree) are not allowed to be used in court

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6
Q

Miranda Law

A

you have the right to remain silent. Anything you say can and will be used against you in court. You have a right to a lawyer

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7
Q

Petit Jury

A

determines innocence or guilt

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8
Q

Grand Jury

A

decides probable cause

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9
Q

General District Courts

A

for small offenses like a speeding ticket… worst outcome = jail for a year

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10
Q

Double Jeopardy

A

cant be tried twice for the same crime (only applies to criminal cases)

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11
Q

Res Judicata

A

can’t sue someone twice (double jeopardy for civil cases)

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12
Q

Eminent Domain

A

the government has the right to take your property for government reasons but they have to pay you

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13
Q

Right to Privacy

A

Not in the Constitution! but still a right!

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14
Q

Equal Protection Clause

A

All law are applied to all individuals and groups

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15
Q

Incorporation Doctrine (1894)

A

Constitutional doctrine whereby selected provisions of the Bill of Rights are made applicable to all states through the due process clause of the 14th amendment

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16
Q

in loco parentis

A

“in the place of a parent” - legal responsibility of a person or org to take on some of the functions and responsibilities of a parent

17
Q
A