Due Process Flashcards
What are property rights?
Rights of an individual in owning and selling property.
What is eminent domain?
Power of Gov to take private property for public use.
What is regulatory taking?
Gov regulation that effectively takes land by restricting its use even if remaining in owners name.
What is due process?
Established rules and regulations that restrain Gov officials.
What is procedural due process?
Constitutional requirements that Gov proceed by proper methods.
What is substantive due process?
Constitutional requirement that Gov acts fairly and reasonably.
What are the three parts of right to privacy?
- Right to be free from Gov surveillance and intrusion especially with intimacy and orientation
- Right for gov not to make private affairs public
- Right to be free in thought and belief from gov regulations
What does the fourth amendment protect?
Protects people from unreasonable searches and seizures.
What is a search warrant?
Writ issued by magistrate that authorizes police to search particular place or person specifying place and object to be seized.
What is the terry search?
A quick pat down to check for weapons or weapons of assault.
What is the exclusionary rule?
Requirement that evidence illegally obtained be excluded from trial.
What are the four steps to procedural protection?
- Pretrial
- Trial
- Sentencing
- Appeal
What is a grand jury?
Large jury where people privately hear evidence and issue indictment if decide that crime was actually committed.
What is a petit jury?
A petit jury is smaller jury where people determine whether defendant is found guilty.
What is an indictment?
Also a true bill, formal statement from grand jury charging individual with offense.
