5 Written questions
5 Matching questions
- Grand Jury
- 6 elements of the 6th
- Random Fact (5th) *(I think this is right...)
- Dual Regulation (Conflict)
- Apportionment formula
- a Can't use the 5th amendment if charges aren't against you.
- b Only felonies, defense doesnt appear, can supine witness, citizens decide if this case should go to court at all
- c 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)
- d An appropriate portion that shows what portion of the business activity is attributable to the state (Can't tax all business activity income, Can't discriminate taxes in favor of in-state businesses, and can't create undue burden w/ taxes)
- 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
- 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)
- 1. Exclusive & Total: Can tell states what to do and states cannot do anything besides what the federal government tells them to do (Embargos and trade laws that are set up by fed gov and states must follow)
- 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.
- The non factual publication of false information that defames and hurts someone
- Some businesses are so heavily regulated that they have no expectation to privacy and some jobs have no privacy
5 True/False questions
5th amendment applies to civil matters → Gov needs warrant to search businesses
Six exceptions to needing a warrant first → 1. Plain View Doctrine
3. Emergency (Threat to society... if u flee a high speed chase to ur house, they can search the house)
4. Incidental Lawful Arrest (Allowed to search you once arrested)
5. Stop and Frisk: If you fit the description of a wanted person and they can tell you are a risk (Ex: appears to be a gun in ur pocket)
6. Automobile: You have have no expectation of privacy to ur car. Cops still need probable cause to search. They will try to trick you
Criminal Law → Only felonies, defense doesnt appear, can supine witness, citizens decide if this case should go to court at all
Obscene * → No protection, But still has doctrine of prior restraint.
Double Jeopardy (5th) → Can't be charged again in the same court (even for a lesser crime) even if new evidence is found. Doesn't pertain to civil (can be tried there)... not sure if there is a limit on amount of times though...