Quizlet Courts Terms and Cases

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  1. Assault: Fear of touching or causing harm
  2. Bail: money accused required to post guaranteeing court appearance
  3. Baker v Carr: Is the redistricting issue unfair to voters under the 14th? --- yes, was unfair did not each citizen the same vote. one person, one vote.
  4. Battery: Unlawful application of force (touching)
  5. Bench Trial: Judge alone hears case
  6. Burglary: Breaking and entering,stealing from property
  7. Bush v Gore: Does the recount violate the equal protection clause?--- No, recount can't be done fairly. Florida recount was unconstitutional.
  8. Capital Murder: Willful, deliberate, premeditated murder
  9. Double Jeopardy: Cannot be tried for the same crime twice ( 5th)
  10. Due Process: Gov.t must act fairly and follow the same fair rules in all cases brought to trial
  11. Engel v Vitale: Is it a violation of the 1st to force students to pray in school? --- Yes, requiring students to pray violates the 1st.
  12. Ex Post Facto: Law applied to an act committed before it's passage.
  13. Exclusionary Rule: Rule that evidence illegally gathered by law enforcement officers may not be used against a defendant in trial.
  14. Felony Murder: A person killed, intentional or accidental during the commission of a serious crime. (robbery, rape, arson etc.)
  15. Gideon v Wainwright: Is a defendant entitled to a state appointed attorney if they cannot afford one? --- Yes, defendant has the right to a state apppointed attorney if the defendant cannot afford one.
  16. Gregg v Georgia: Is the death penalty a violation of the 8th? --- No, the death penalty does not violate the 8th or 14th
  17. Indictment: Formal complaint before a grand jury which charges the accused with one or more crimes.
  18. Involuntary Manslaughter: Accidental killing during unlawful,but not felonious act (ex DUI)
  19. Katz v U.S.: Can the government bug public telephones or is it a violation of the 4th --- No, a search warrant is necessary.
  20. Korematsu v U.S.: Did a Japanese-American, have to go to internment camp during WWII? --- Ruled not discrimination because he disobeyed order to go to camp. Valid under war powers of constitution. (14th)
  21. Kyllo v U.S.: Is is a violation of the 4th for law enforcement to use thermal imaging deviceis to scan for marijauana? --- Yes, it was an illegal search and va iolation of the 4th.
  22. Loving v VA: Are laws against interracial marriage a violation of the 14th ----Yes, laws against interrracial marriages violate the 14th
  23. Miranda v Arizona: The accused denied his 5th rights because he was not told them? --- Yes, statements made by accused person who have not been informed of rights may not be used in court.
  24. Plea Bargain: Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
  25. Probable Cause: reasonable suspicion of a crime
  26. Public Defender: Attorney representing the defendents who cannot afford private attorneys
  27. Renard Atkins v VA: Can a mentally retarded convict get the death penalty? --- No you can't use the death penalty on a mentally retarded convict (8th)
  28. Rhodes v Chapman: Is double celling prisoners cruel and unusual punishment under the 8th --- No, it does not.
  29. Robbery: Taking personal property from another person by use of fear or force.
  30. Roe v Wade: Is abortion legal? --- Abortion in 1st Trimester is legal (9th)
  31. Schenck v U.S.: Does the 1st protect statements against the war effort during war (passing out anti-war fliers during war) ? --- Not proctected speech.Case established clear and present danger of whether gov't can limit speech.
  32. Search Warrant: Court ordered search based on probable cause
  33. Terry v Ohio: Does stop and frisk action without probable cause by police violate 4th? Police in a search extending only to a container when in the case of searching a car, may also search the container.
  34. Texas v Johnson: Is flag burning protected speech under the 1st? --- This is symbolic speech and is protected.
  35. Treason: Betrayal of ones country, providing aid to enemies
  36. U.S. v Nixon: Does the president have executive privilege to keep information from congress (i.e...the tapes) --- President has more rights than a normal citizen btu it must involve national defense issues.
  37. VA v Barry E. Black: Can a state ban cross burning that is intended to intimidate? --- Cross burning is not allowed if it's intent is to intimidate. (article I)