5 Written questions
5 Matching questions
- 6 elements of the 6th
- Business protection (5th)
- 14th (Procedural) 3 things... (DP)
- Commerce Clause Regulation (Interstate)
- 2 exceptions to the Exclusionary Rule ***
- a 1. Good faith rule: Honest mistake of conducting search elsewhere even though they were not supposed to search there
Inevitability rule: Would have gotten around to conducting search anyways (not good. Inconsistent)
- b Government must use fair procedures... 1. must give ppl notice
2. must give opportunity to be heard
3. Must be decided by an IMPARTIAL TRIBUNAL (unbiased 3rd party w/ no vested interest)
- c Very little protection offered to businesses. Only sole proprietorships are protected.
- d Must be activity between states. Fed gov can regulate all business activity... doesn't do much anymore. (Great depression had lack of fed regulation.)
- e 1. speedy and public (cant be in secret, has to be within certain amount of time ...usually 180 days)
2. by jury of peers (Usually registered voters or drivers)
3. informed of charge (Have to serve u w/ indictment or bill of info)
4. Confront Accuser (You can cross-examine witnesses)
5. Subpoena Witnesses (Court order requiring someone to come to court)
6. Assistance of Attorney (State will appoint an attorney)
5 Multiple choice questions
- 1. Right to remain silent, anything you say can and will be used against you in a court of law.
2. You have the right to speak to an attorney, and to have an attorney present during any questioning.
3. If you cannot afford a lawyer, one will be provided for you at government expense.
-Come into play when you are subject to a custodial interrogation.
- Type of business activities that call for national activity (Set rules nationally)... EX: Airline regulations
- Creates consistency from similar crimes
- If evidence was illegally obtained, you can exclude this evidence bc it violated the 4th amendment
5 True/False questions
Defamation → Hurting someones character or reputation. must be communicated to a third person. Victim must suffer personal losses.
Exclusively Local Conflict → Entirely in the state, (In reality does not work this way due to how the courts interpret the commerce clause)
Commercial Speech * → Ability to regulate business activity.
Fourteenth Amendment → Must be government action
Equal Protection (DP) Strict Scrutiny → The standard of review in which the government must prove the law is justified by a compelling government action