Quiz 1 Flashcards

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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?

A

War on drugs

18
Q

When was Weeks?

A

1914

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?

A

1920

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
Q

When was Wolf v Colorado?

A

1949

25
Q

What happened in Wolf?

A

Abortion doctor who had papers stolen

26
Q

What did Wolf establish?

A

Split the coin
4th amendment is incorporated
Exclusionary rule is not incorporated

27
Q

When was Rochin?

A

1952

28
Q

What happened in Rochin?

A

Drug dealer had his stomach pumped by the police

29
Q

What did Rochin establish?

A

Shocks the conscience doctrine

30
Q

When was Mapp v Ohio?

A

1961

31
Q

What happened in Mapp?

A

Police ransacked Mapp’s home and personal papers

32
Q

What did Mapp establish?

A

Incorporated the exclusionary rule

33
Q

When was Calandra?

A

1974

34
Q

What happened in Calandra?

A

Grand jury used unconstitutional evidence

35
Q

What did Calandra establish?

A

Grand juries can break the exclusionary rule

36
Q

What did Janis establish?

A

The IRS in a civil tax proceeding can break the exclusionary rule

37
Q

What did Mendoza establish?

A

Immigration and naturalization hearings can break the exclusionary rule

38
Q

What did Scott establish?

A

Parole officers can break the exclusionary rule