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Intro to Law > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

Supremacy Clause of the US Constitution

A

Article VI, Paragraph 2 establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.

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2
Q

Two equal protection clauses in the US Constitution

A

Fifth amendment: US government
Fourteenth amendment: States

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3
Q

Speech unprotected by the first amendment

A

Speech that leads to imminent lawless action, directed toward a specific person or group, direct call to immediate lawless action, expectation speech will lead to lawless action

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4
Q

Court’s power of judicial review

A

The ability of the court to declare a Legislative or Executive action in violation of the constitution. (1803)

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5
Q

Location of Declaration of Rights in the Alaska Constitution

A

Article I

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5
Q

Location of Declaration of Rights in the Alaska Constitution

A

Article I

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6
Q

Source of right to privacy in Alaska Constitution

A

Article I, Section 22

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7
Q

Procedural due process

A

Process used to try and convict defendants accused of crimes

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8
Q

Substantive due process

A

Allowing courts to prevent government interference with fundamental rights

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9
Q

First amendment rights and protections

A

Freedom of speech, the press, assembly, right to petition the government for a redress of grievances

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10
Q

Speech protection under first amendment

A

Freedom of speech granted as long as it doesn’t lead to imminent lawless action.

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11
Q

Speech protection under Alaska constitution

A

Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.

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12
Q

Fourth amendment rights

A

Unreasonable search and seizure

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13
Q

Fifth amendment rights

A

Grand jury requirement for capital cases, double jeopardy protection, don’t have to testify against yourself, can’t be sentenced without a trial, personal property can’t be taken for public use without compensation.

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14
Q

Fifth amendment rights

A

Grand jury requirement for capital cases, double jeopardy protection, don’t have to testify against yourself, can’t be sentenced without a trial, personal property can’t be taken for public use without compensation.

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15
Q

Sixth amendment rights

A

Speedy trial, understand what you’re charged with, a jury, confront witnesses against you, obtain witnesses in your defense, counsel.

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16
Q

14th amendment incorporation doctrine

A

Parts of the first ten amendments in the constitution are made applicable to states through the due process clause of the 14th amendment.

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16
Q

14th amendment incorporation doctrine

A

Parts of the first ten amendments in the constitution are made applicable to states through the due process clause of the 14th amendment.

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17
Q

14th amendment equal protection clause

A

Requires states to practice equal protection

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18
Q

Roe v Wade

A

1973 right to choose to have an abortion

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19
Q

McDonald v Chicago

A

2010 right to keep and bear arms

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20
Q

NY Times v Sullivan

A

1964 freedom of speech protections limit public officials for suing for defamation of character

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20
Q

NY Times v Sullivan

A

1964 freedom of speech protections limit public officials for suing for defamation of character

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20
Q

NY Times v Sullivan

A

freedom of speech protections limit public officials for suing for defamation of character

21
Q

Goss v Lopez

A

students facing temp suspension have the right to due process

22
Q

Miranda v AZ

A

arrested individual is entitled to rights against self-discrimination and to an attorney

22
Q

Miranda v AZ

A

arrested individual is entitled to rights against self-discrimination and to an attorney

23
Q

Gideon v Wainright

A

all defendants have a right to counsel

24
Q

Mapp v OH

A

evidence seized illegally can’t be used in prosecution

25
Q

Brown v Board of Education

A

separating children in public schools based on race is unconstitutional

26
Q

Plessy v Ferguson

A

segregation is legal but facilities for each race must be equal in quality

26
Q

McCulloch v MD

A

Congress can have banks that states can’t tax.

27
Q

Marbury v Madison

A

Congress doesn’t have the power to pass laws that override the constitution.

28
Q

Basis of criminal law and shift from common law to statutory definitions

A

no crime without law; no punishment without law; forbidding conduct has to be enacted BEFORE convicting or punishing anyone for it.

29
Q

Burden of proof in a civil case

A

Preponderance of the evidence

30
Q

Burden of proof in a criminal case

A

Beyond a reasonable doubt

31
Q

Mens rea

A

mental state

32
Q

mental states in criminal law

A

purposeful, knowing, reckless, negligent

33
Q

Actus reus

A

Physical action or absence of required physical action

34
Q

Purposes of criminal law

A

Deterrence, rehabilitation, incapacitation, retribution

35
Q

Retribution and principles of criminal administration in Alaska

A

Need to protect public, community condemnation (not retribution), victims rights, restitution of offender, principle of reformation

36
Q

Persons, things against who crimes may be committed

A

persons, property or the public interest

37
Q

Title 11 of the AK statutes and source of the elements of crime in AK

A

11.81 intentionally, knowingly, recklessly, criminal negligence

38
Q

Abolition of common law crimes and purposes

A

Fail to give proper notice, lack of public knowledge reduces compliance, legislators (not courts) should be the primary definers of crimes, lack of statutory definition leaves rules subject to interpretation

39
Q

Local ordinances

A

Law enacted by a local government (rules and regulations governing public activity in the community)

40
Q

Primary focus of Juvenile Justice

A

Rehabilitation

41
Q

Juvenile justice and 8th amendment holding in Miller v AL

A

Cruel & unusual punishment to sentence juveniles to life without

42
Q

Search warrants and standard of proof

A

Before entering a persons home or searching their car, the must obtain a warrant based on probable cause.

43
Q

Exceptions to warrant requirement

A

Incident to lawful arrest, items in plain view, consent, stop-and-frisk, automobile, hot pursuit and exigent circumstances

43
Q

Exceptions to warrant requirement

A

Incident to lawful arrest, items in plain view, consent, stop-and-frisk, automobile, hot pursuit and exigent circumstances

44
Q

Exclusionary rule

A

Prohibits the use of illegally obtained evidence in a criminal trial

45
Q

Arrest vs investigatory stop (Beltz v State of AK)

A

Investigatory stop: reasonable suspicion imminent danger exists.
Arrest: physical seizure.

46
Q

Homicide

A

taking of the life of a human being (manslaughter, justified)

47
Q

Murder

A

with intent or death caused in the course of a felony

48
Q

Defenses to criminal charges

A

Affirmative, justification, excuse

49
Q

Involuntary intoxication

A

Common law defense valid in AK

50
Q

Sources of criminal procedure law in AK (Title 12 & AK rules of court)

A

State & federal statutes, state & federal agency regulations, local ordinances, state & federal constitutions, case law

51
Q

Burden of proof on affirmative defenses

A

Defendant has burden of proof

Intro to Law (6 decks)

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