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55 Cards in this Set

  • Front
  • Back
Griswold v. Connecticut
Proclaims constitutional right to privacy
Miranda v. Arizona
Police must inform defendants of their rights
USA Patriot Act
Enacted in response to Sept. 11 terrorist attacks
Lawrence v. Texas
Strikes down law making homo sodomy (unnatural intercourse) a crime
Rasul v. Bush
Enemy engaging in combat are entitled to a review of charges by tribunal
Property Rights
Rights of individual to own, use, rent, buy, or sell property
Contract Clause
(Art 1; Sec. 10)
Prohibits states from interfering with contracts
Police Powers
Powers of the state to protect the public health of residence in by delegated powers
Eminent Domain
Power of govnt to take private property for public use, but owner must by fairly compensated.
Regulatory Taking
Person must loose title and control over property by eminent domain
Due Process Clause
Establish rules and regulations that restrains people in govnt who have power
Procedural Due Process
Says how power is exercised

limits the exercise power by state/federal govnts, by requiring they follow certain procedures in criminal/civil matters
Substantive Due Process
Says what government can do

Req govnt to act reasonable and substance of laws themselves
Privacy Rights
Griswold v. Connecticut
1. Free from govnt surveillance/intrusion
2. No private affairs made public by govnt
3. Free in thought/belief from govnt regulations
Abortion Rights
(3, 6, 9)
3mths-woman decides; govnt can't interfere with decision
6mths-state says how, where, and when abortions are performed
9mths-state can prohibit abortions
Bowes v. Hardwick
excluded gays from Boy Scouts. Refused protection to private relations b/w homosexuals
Romer v. Evans
Struck down Colorado law prohibiting state/local govnts from protecting gays from discrimination
Because of the strong emotions on both sdes of privacy issue..
Privacy is one of the developing edges of constitutional law
Search Warrant
Doc. issued by magistrate giving permission to search a place or person specifying the place and objects to be seized
General Search Warrant
authorizing police to search person or place w/o limits is unconstitutional
Police can make warrantless searches in public if..
searches in public if officers have probable cause
Plain View Exception
no warrant required if cause is in plain view
Exigent Circumstance (Unusual)
no warrant required. Officer can enter burning building to save a life
Auto Exception
probable cause if auto is going to be used for crime
Foreign Agent
Warrantless wiretaps of foreign country
Steps to Get a Warrant
Get warrant for item
Get judge signature
Must have probable cause
Illegal seized evidence...
is not emissible in TRIAL court
Warrant lawful?
Need Computer? Can only search place where computers may be
Exclusionary Rule
-Mapp v. Ohio-
illegal evidence obtained is excluded from criminal trial
Remain Silent
-5th Amendmt-
People do not have to testify against themselves
Exempt from prosecution in return for testimony in case
Grand Jury
Private, 12-23 people
Decides if there is enough evidence to go to trial
Hears state side of story
Petit/Trial Jury
Public, 6-12 people
Decides guilt or innocence in a civil/criminal case
(true bill)
Statement from grand jury charging someone w/ offense

States dont indict, feds do.
Plea Bargain
Admit to guilt in order to get charges dropped or reduced
Double Jeopardy
A person cannot be charged for the same crime twice in same case
Affirmative Action
remedial action designed to overcome effects of past discrimination against women and minorities
Natural Rights
rights of all people to dignity and worth
govnt alter the free op of the market to achieve social goals as protecting workers and the environment
F.C.C. -1934-
licenses civilian radio and televison communication
F.T.C. -1914-
Gives antitrust laws comcerning ads/labels to protect people from unfair business practices
F.D.A. -1931-
Purity, Safety, and labeling for manufacturing; Regulates certain food and drugs
domination of an industry by a single company
Antitrust Legislation
Prevents monopoly from dominating an industry and trade
Monopoly that controls goods and services, often in combos that reduce competition
First Amendment
Freedom of speehc, freedom, religion, press, assembly, and association
Second Amendment
Right to keep and bare arms
Third Amendment
No soilder shall be quarted w/o consent of owner; Protection from quartering troops
Fourth Amendment
Protects against unreasonable searches and seizures; Right to secure people, homes, paper, ect
Fifth Amendment
No person shall be held to answer for any crime unless indicted by a Grand Jury, except in govnt cases. (military)
Sixth Amendment
The accused shall enjoy the right to a speedy/public trial, by jury of the State where crime was committed
Seventh Amendment
In suits where value exceeds twenty dollars, the right of trial by jury shall be preserved
Nineth Amendment
[Escape Hatch]
Certain rights, shall not be construed to deny or disparage others retained by the people.
Fair Housing & Amendments
"Restrctive Covenants"
Prohibits selling property or deed to a particular race or religion
Monopoly that controls goods and services, often in combos that reduce competition