Quiz 1 Flashcards

(39 cards)

0
Q

What is the 5th amendment?

A

Due process

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1
Q

What is the 4th amendment?

A

Search and seizure

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2
Q

What is the 6th amendment?

A

Right to counsel

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3
Q

What is the 8th amendment?

A

Cruel and unusual punishment

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4
Q

What do Federalists support?

A

Federal government

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5
Q

Who is a federalist?

A

John Adams

Alexander Hamelton

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6
Q

What do Democratic republicans support?

A

State’s rights

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7
Q

Who is a democratic republican?

A

Thomas Jefferson

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8
Q

What do the differences between federalists and democratic republicans set the stage for?

A

Marburg v Madison

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9
Q

Why is Marbury v Madison so brilliant?

A

It sets precedent for judicial review

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10
Q

What did Marbury v Madison strike down?

A

The judiciary act of 1789

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11
Q

What is the fist clause of the 4th amendment?

A

Reasonableness clause

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12
Q

What is the second clause of the 4th amendment?

A

Warrents clause

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13
Q

What are some warrant less searches?

A
Car
Terry stop
Hot pursuit
Inventory
Arrest
Plain view
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14
Q

How do judges decide on warrant less search cases?

A

They balance society vs individual

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15
Q

What is a judicial activist?

A

A judge who does not follow precedent

16
Q

What is judicial restraint?

A

A judge who follows precedent

17
Q

What was going on during the 80’s?

18
Q

When was Weeks?

19
Q

What happened in the Weeks case?

A

Police broke into his home and took papers

20
Q

What did Weeks establish?

A

Exclusionary rule in federal jurisdiction

21
Q

When was Silverthorne?

22
Q

What happened in Silverthorne?

A

Took photographs of documents to get subpoenas for the originals

23
Q

What did Silverthorne establish?

A

Fruits of the poisonous tree doctrine

24
When was Wolf v Colorado?
1949
25
What happened in Wolf?
Abortion doctor who had papers stolen
26
What did Wolf establish?
Split the coin 4th amendment is incorporated Exclusionary rule is not incorporated
27
When was Rochin?
1952
28
What happened in Rochin?
Drug dealer had his stomach pumped by the police
29
What did Rochin establish?
Shocks the conscience doctrine
30
When was Mapp v Ohio?
1961
31
What happened in Mapp?
Police ransacked Mapp's home and personal papers
32
What did Mapp establish?
Incorporated the exclusionary rule
33
When was Calandra?
1974
34
What happened in Calandra?
Grand jury used unconstitutional evidence
35
What did Calandra establish?
Grand juries can break the exclusionary rule
36
What did Janis establish?
The IRS in a civil tax proceeding can break the exclusionary rule
37
What did Mendoza establish?
Immigration and naturalization hearings can break the exclusionary rule
38
What did Scott establish?
Parole officers can break the exclusionary rule