| Law: Small Claims Court/ Framing the System | Criminal vs. Civil/ Lawyers | First Amendment/ Fourth Amendment | Supreme Court | Overview |
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The study of Law
What is Jurisprudence?
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The Defense Attorney
Who represents the defendant in a criminal court?
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Who does the Bill of Rights protect the U.S. citizens from?
The Government.
The Bill of Rights was made to serve as laws that allow the U.S. citizens to follow so that if the government was to become too powerful the U.S. citizens could revolt and gain back that power |
Chief Justice John Roberts
As Chief Justice, John Roberts is the spokesperson of the Judicial branch. He leads the business of the Supreme Court
Who is Chief Justice of the United States?
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1) Stop & Frisk
2) Emergency 3) Arrest 4) (Right in) Plainview 5) Consent 6) (Hot) Pursuit 7) Vehicle Searches 8) Airports & Border Crossings
What are 4 out of the 8 exceptions to the 4th Amendment?
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The maximum amount is ten thousand dollars
Small claims courts are are meant to be for small sums of money. They are quickly heard and need no legal representation. Ex: Failure to return a loan, return a security deposit, or legal issues as evictions.
what is the maximum amount of money a small claims court can take?
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They both have Witnesses and Evidence.
Both are used differently in both cases. Witness and Evidence help sway the Jury's verdict in a Criminal case. Both are also used to help sway a judge in a Civil case but it does not help as much since Judges are u
What do both both Criminal and Civil courts have in common?
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1) establishment of religion
2) Free exercise of religion 3) Freedom of Speech 4) Freedom of Press 5) The right to peaceable assemble 6) Petition the government for a redress of grievances
What 6 rights does the 1st Amendment Give U.S. Citizens?
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A reviewing by the U.S. Supreme Court to determine if act/ law is constitutional or not
Ex: If a law was passed that the U.S. had to follow only one religion. The Supreme Court would have a Judicial Review to decide if he law is constitutional or not. Af
What is a Judicial Review?
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A term used to describe actions that purposefully convey a particular message or statement to those viewing it.
Ex: Burning the American Flag. It is an act that means you are against the U.S.
What is Symbolic Speech?
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Power is divided between Feudalism and Checks & Balances.
Federalism is a system at which power is separated between federal government, state government, and the local government. Checks & Balances is a system of which power is separated between the
What two ways is power divided?
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The Jury decides the verdict of the defendant
The Jury plays a large role that determines the fate of the defendant. During the whole trial process, the Attorney's are presenting to the Jury to help sway there vote.
What Role does a Jury play in a Criminal Case?
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A Judge
The 4th Amendment assures people are secure against unreasonable searches and seizure. A warrant is only valid signed by a judge and must be specific to what is being searched, the person, and what is planned on being seized
Who does the 4th Amendment state must issue the warrant in order for the warrant to be valid?
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1) petitioner
2) Respondent 3) Justices 4) Supreme Court Justice 5) Chief Justice
Name 2 out of the 5 members of the Supreme Court
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They are both not protected
Balancing deals with weighing multiple factors in a case and Incitement test is freedom speech that is not protected. Incitement Test is speech is not protected by the 1st Amendment if the speaker intends to invite
What is the difference between Incitement Test and Balancing Test?
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Federalism is a system at which power is separated between federal government, state government, and the local government. Checks & Balances is a system of which power is separated between the
What is the difference between a Trial Court and an Appellate Court?
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One is payed before beginning process of work and the other is payed a third of the winnings
A Retainer is the money that is payed in advance to a lawyer before any legal work will be done A Contingency Fee is a third of the winnings is payed to the law
What is the difference between a Contingency Fee and a Retainer?
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They both post false statements
Libel is publishing false statements that is damaging to a persons reputation. Slander is publishing false statement about someone or something.
What is the difference between Libel and Slander?
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The difference between majority opinion and concurring opinion is the reasoning in which they agree.
A concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states
What is the difference of a majority opinion and concurring opinion?
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What is a Statue in law?
A State Law Ex: Traffic laws, Criminal laws, Property laws, Contract laws, and many others
What is a Statue in law?
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The resident would go to a small claims court because she is being evicted due to money reasons which is not more than the maximum then thousand dollars
A local resident pays five hundred dollars a month for her apartment. She went 4 month without paying and she got evicted. What court would she go to?
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No. The Jury Vote Unanimously and all must agree on an overall verdict of whether the defendant is guilty or not guilty on that charge. If the Jury do not agree on overall, they must discus to why they voted the way they did until they all agree.
During a case, a Jury votes 10-1 on a count of a driver driving legally intoxicated. Is the driver guilty?
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1st Amendment. The man has the right to say what he wants when he wants. The 1st Amendment gives him freedom of speech.
A local homeless man goes on television and argues the negatives of being in a war in Iraq. The police arrest him the next day. What amendment does this go against?
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In December 1965, a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam war. They decided to wear black armbands throughout the holiday season.
What is the Tinker V. Des Moines case and what was the ruling?
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No. Although going into the car is against the 4th Amendment, In plain view is the exception to the 4th Amendment. Since the Police Officer saw the smoke inside the Car, he has the automatic right to be able to go inside the car
A Police officer notices a car with all the windows down and smoke inside the car. The police officer arrest the man finding drugs in the mans possession. Is this breaking an amendment?
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