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Constitutional Law Exam 1
Terms in this set (44)
Article I of the Constitution deals with the powers of:
Article II of the Constitution deals with the powers of:
Article III of the Constitution deals with the powers of:
The rights to freedom of speech and freedom of religion are found in the:
The rights to due process and just compensation are found in the:
The right to be free from unreasonable searches and seizures is found in the:
Which of the following words or phrases does NOT appear in the Constitution:
-"Right to remain silent"
-"Presumption of innocence"
-"Beyond a reasonable doubt"
-None of these words or phrases appears in the Constitution
None of these words or phrases appears in the Constitution
Which part of the Constitution spells out that the final interpretation of the meaning of the document shall be assigned by the US Supreme Court?
The Constitution does not specify how disputes as to its meaning will be resolved
Which of the following terms is defined by the Constitution?
-Although those terms are mentioned in the Constitution, none of them are defined in the document itself
Although those terms are mentioned in the Constitution, none of them are defined in the document itself
What part of the Constitution did Riley v. California primarily interpret?
The fourth amendment right to be free from unreasonable searches and seizures
In Riley v. California, the Supreme Court decision:
Changed the rules about searches of phones to hold that a search warrant is required inspect the contents of a smart phone
Which of the nine justices wrote a concurring opinion rather than joining entirely in the majority opinion?
The second appellant Brima Wurie was originally arrested for:
The Justice who the concurring opinion seemed to conclude that:
While majority opinion was basically sound, more detailed rules in the issue should come from congress and the state legislatures in the future, rather than the courts
Evidently, there actually was at one time a judge named "Learned Hand"
Yes there was
5 freedoms: speech, press, religion, assembly, petition
Right to keep and bear arms
The government may not house soldiers in private homes without consent of the owner
Protects against unreasonable search and seizure
prohibits government from forcing individuals to testify against themselves.
Right to a speedy and public trial
Right to a trial by jury in civil cases
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
states that people's rights are not limited to just those listed in the Constitution.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Chief Justice of the Supreme Court
John G. Roberts Jr.
Most recent appointee to Supreme Court
Supreme Court Justices with liberal viewpoints
Ginsberg, Breyer, Sotomayor, Kagan
Supreme Court Justices with conservative viewpoints
Thomas, Alito, Gorsuch
Hierarchy of Law
The order in which laws take priority over each other in the event of a conflict between them
trial courts, appellate courts, supreme court
How do the Constitution, Federal Statutes, Administrative Regulations, and various state laws fit into this hierarchy?
2. Federal Statutes
3. Federal Regulations
4. State Constitution
5. State Statutes
6. State Regulations
What is jurisdiction?
The legal authority to carry out an act government.
Federal courts have jurisdiction over diversity of citizenship lawsuits, cases involving federal statutes, and claims of Constitutional rights
What is a precedent?
A case followed by the courts in deciding later, similar cases. Courts reluctant to overturn well established precedents.
The doctrine following a precedent
The power of the courts to declare laws unconstitutional
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Created a strong Supreme Court
How many justices of the us Supreme Court must agree to hear an appeal?
At least 4
petition for certiorari
A petition asking the Supreme Court to hear a case
What is the structure of federal courts?
1. Supreme Courts
2. Courts of Appeals
3. District Courts
Which federal circuit is Texas located in?
Appeals from State courts to federal courts are governed by the following principles:
Abstention, equal dignities, limited to constitutional issues
Doctrines of access to courts in general:
Standing, mootness, ripeness
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