Legal Test 1 Study Flashcards
What rights does the 4th amendment protect?
Protection of search and seizure:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Warrants must be issued with probable cause support by oath or affirmation.
What rights does the 5th amendment protect?
Right of fair trial (and remain silent):
No person shall be held to answer for a crime unless on a presentment or indictment of a grand jury (unless involving the military or militia while in service during a time of war or public danger). Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be deprived of life, liberty, or property without due process. Nor shall property be taken for public use without compensation.
What rights does the 6th amendment protect?
The right of due process:
In all criminal prosecutions the accused has a right to a speedy and public trial by an impartial jury of the state and district where the crime was committed (being previously ascertained by law). And has the right to be informed of the nature and cause of the accusation and to confront the witnesses brought against them, have a compulsory process for obtaining witnesses in their favor, and have assistance of counsel for their defense.
What rights does the 14th amendment protect?
Added later
What are the 3 levels of scrutiny to which cases are judge upon?
- Rational basis (lowest level)
- intermediate (middle level)
- Strict (highest level)
What types of cases does the Rational Basis level of scrutiny apply to?
Questions of law.
A case in which no suspect classification or violations fundamental rights are invoked.
What types of cases does the Intermediate level of scrutiny apply to?
Laws that distinguish people based on gender.
What types of cases does the Strict level of scrutiny apply to?
Cases that enact a suspect classification and affect certain fundamental rights of people.
