5 Written Questions
5 Matching Questions
- 1st amendment (establishment)
- Separation of powers (2)
- Dual Regulation (Conflict)
- Businesses' and jobs expectations to privacy
- Real or Physical Evidence (5th)
- a Horizontal- Judicial, leg, exec (within same gov)
Verticle- State and federal gov.
- b Some businesses are so heavily regulated that they have no expectation to privacy and some jobs have no privacy
- c Can't favor one religion over another. No nativity scene on gov property. No group prayer in public school.
- d If there is vast blood at scene police can ask for blood sample and you have to give it to them. Can make you speak in recorder bc there was an incriminating messaged believed to have been left by you
- e 1. Federal Pre-emption: Precludes the state from creating any legislation (state laws invalid)
2. Federal Reg. w/ no pre-emption- If state fails any of 3 factors it is unconstitutional
5 Multiple Choice Questions
- Has most protection. Ppl can burn American flag due to beliefs.
- 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.
- No citizen shall be treated unequally w/in their jurisdiction
- You have to intend to make false statement, receiving or depriving someone else from an economic benefit, the State always has the obligation to prove this. (Ex: telling someone u make 180k when u really make 40k)
- Doctrine that prevents the government from restricting or punishing speech before it is uttered or published in case the speaker changes their mind before proceeding.
5 True/False Questions
Commerce Clause Regulation (Foreign) → Must be activity between states. Fed gov can regulate all business activity... doesn't do much anymore. (Great depression had lack of fed regulation.)
Equal Protection (DP) Minimum Rationality → Law treating ppl differently has to be directly related to a specific gov objective
In criminal cases who is always plaintiff → STATE
Random Fact (5th) *(I think this is right...) → 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)
14th (Substantive)... (DP) → Legislation must be fair w/ justification... more infringing on rights=more justification