5 Written questions
5 Matching questions
- Miranda Warnings (3) (5th)
- Fraud (Specific Crimes)
- 1st amendment (establishment)
- State Taxation (apportionment)
- Sixth Amendment
- a Must show relationship between the business activity and the state in order to tax it. (Nexus) EX: Driving product thru state isn't taxable but hiring employees within state is
- b 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.
- c Can't favor one religion over another. No nativity scene on gov property. No group prayer in public school.
- d 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)
- e You are entitled to a trial by jury if there is possible jail time
5 Multiple choice questions
- Wrong against society where the state has control whether or not the case moves forward (not the victim)
- Unreasonable search and seizure
- 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)
- Hurting someones character or reputation. must be communicated to a third person. Victim must suffer personal losses.
- Has most protection. Ppl can burn American flag due to beliefs.
5 True/False questions
Commercial Speech * → Made by nonhuman entities (Advertising, globalization). Greatly expanded.
State Secrets → President does not need to supply evidence in order to protect national security
Separation of powers (2) → Horizontal- Judicial, leg, exec (within same gov)
Verticle- State and federal gov.
Wall of separation → The indictment for a Misdemeanor
Exclusionary Rule → Needed to establish Libel. It is knowing you were lying or had didn't care to find the truth