Quiz Thursday Flashcards

1
Q

What is police power?

A

The power to promote and to protect the public

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2
Q

What is the 13th amendment?

How did supreme court breath new life into it?

A

Slavery and servitude, except as crime punishment, shall exist in the US
They re-discovered the part of that law that said anyone of any race can not be denied the purchase, lease, etc…, of anything based on him/her culture

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3
Q

What is the second amendment?

A

It’s the right to bear arms

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4
Q

Define Probable Cause

A

It’s the term for how a warrant is wanted, it’s the suspicion of a crime.

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5
Q

What is exclusionary rule?

A

Evidence gained after an illegal course if action can not be used in court during a trial

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6
Q

What does the writ of habeas corpus seek to prevent?

A

It try’s to prevent unjust arrests and imprisonments

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7
Q

What are Bills of attainder?

What are ex post facto laws?

Why are they forbidden?

A

Inflicting punishment without a court trial

Criminal law, applies to a crime beforehand, works to the disadvantage of the accused

They are unconstitutional

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8
Q

What guaranties does the 5th amendment offer the accused

A

No person can have double jeopardy

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9
Q

List the provisions of the 6th amendment concerning the rights of the accused

A
  • defendant may request trial in an alternate location

- the defendant can put aside the right to a jury

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10
Q

In cases involving cruel and unusual punishment, how has court generally ruled?

A

Not guilty

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11
Q

What is supreme courts view if capital punishment?

A

They’ve been reluctant to face that high a charge

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12
Q

What is the difference between Procedural due process and substantive due process?

A

Procedure due process has to do with how (the methods, procedures) the government will take action, substantive due process had to do with what (the substance, politics) kind of action the government takes

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13
Q

What is the 4th amendment?

A

Police must, except for particular cases, have a warrant on order to search a place, car, person, etc…, or make an arrest

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14
Q

What might you not need a search warrant for?

A

A car

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15
Q

What is the exclusionary rule?

A

Evidence obtained during an illegal search can not be used in a court case

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16
Q

Gideon vs Wainright

A

After this case, it was decided that you have the right to have someone defending you in a court case

17
Q

Habeas Corpus

A

It is a writ that is used to bring a party who has been criminally convicted from a state court to a federal court. Usually, writs of Habeas Corpus are used to review the legality of the party’s arrest, imprisonment, or detention.

18
Q

What does self-incrimination mean?

A

Innocent till proven guilty

30
Q

What is the 3rd amendment?

A

Prohibits the quartering of soldiers in private home

31
Q

What does the 8th amendment deal with?

A

It deals with bail, and cruel and unusual punishment by forbidding it to do so