Section 1
Preview this deck
What does the 1st Amendment protect?
Front
| 5 | 0 | ||
| 4 | 0 | ||
| 3 | 0 | ||
| 2 | 0 | ||
| 1 | 0 |
Active users
0
All-time users
0
Favorites
0
Last updated
6 years ago
Date created
Mar 1, 2020
Cards (118)
Section 1
(50 cards)
What does the 1st Amendment protect?
Includes nonverbal communication, political speech, commercial speech
Article 2
Defines power of the president - appointment - legislation - foreign policy
Substantial Effect Rule
Congress may regulate any activity that has a substantial economic effect on interstate commerce
A search WITH a warrant is unlawful if:
No probable cause, warrant did not specify place or items, extended beyond the scope of the warrant
Executive
Can propose bills to congress, can veto bills
Intermediate scrutiny
Based on gender discrimination
Criminal process
Search warrant, arrest warrant/arrest, indictment, arraignment, plea/trial/appeal
Exclusionary Rule
Evidence obtained illegally (without a warrant or improperly obtained with a warrant) may not be used at trial against the victim of the search
Lawful arrest
Anyone arrested may be searched
A defendant is not guilty of an act if...
They were forced to commit it
Mens Rea
Criminal intent (state of mind)
TN's Response to Kelo v. City of New London
Private benefit/indirect public benefit does not mean public benefit; exemptions: quasi-governmental utility, urban renewal or redevelopment plan in a blighted area
Adjudication
Hearing cases
Obergefell v. Hodges
2015 states obligated to recognize same-sex marriage from other states
Plain view
The evidence is not concealed
Supremacy Clause
Federal law is supreme over state law
Strict scrutiny
Based on race, ethnicity, and fundamental rights
Citizens United v. FEC
2010 decision by Supreme Court holding that corps. are free speech protected by the 1st Amendment
Appointment
President nominates judges/justices & heads of administrative agencies
What does the 1st Amendment say?
"Congress shall make no law...abridging the freedom of speech"
Dormant Commerce Clause
Used to prohibit state legislation that discriminates against interstate or international commerce
Commerce Clause
Clause stating that congress can regulate interstate and international commerce
Obscenity
1. Appeals to prurient interests, taken as a whole, using community standards; 2. Depicts or describes patently offensive sexual conduct described by state law; 3. Lacks serious literary, artistic, political, or scientific value
No expectation of privacy
The police have a right to search any area in which the defendant does not have a reasonable expectation of privacy
Actus Reus
Illegal Act
Takings Clause
Government can take private property for a public purpose, but it must provide fair compensation
Legal speech may be limited by...
Time, place, manner
Article 3
Creates SC, allows congress to make lower courts, 2 key functions: adjudication & judicial review
Miranda Rights
Police must read to someone when being arrested: right to remain silent, anything they say can/will be held against them, and right to a lawyer
Substantive Due Process
Some rights are so fundamental that the government may not take them (voting, speech, travel, privacy)
Automobiles
If lawfully stopped for other reasons, and evidence is visible, police may search entire car
4th Amendment
Prohibits illegal searches and seizures
Article 1
Established congress with 2 houses, gives congress power, regulates commerce between states
14th Amendment
Equal rights of citizens
Stop and frisk
May search a suspect if there is good reason to believe he may be armed
Self-incrimination
The prosecution may not use coercion to force a confession from a suspect, suspect may refuse to answer any questions that could be used to convict him
Kelo v. City of New London
Eminent domain case: local governments may force the sale of private property and make way for private economic development when officials decide it would benefit the public
Judicial Review
Allows the court to determine the constitutionality of laws
Burwell v. Hobby Lobby
2014 allowed for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest
Articles of Confederation
First governing document of the US, it didn't give the federal government any power to raise money or regulate commerce
Minimal scrutiny
Based on economic and social discrimination
May search without a warrant if:
1. Plain view 2. Stop and frisk 3. Emergencies 4. Automobiles 5. Lawful arrest 6. Consent 7. No expectation of privacy
Emergencies
Such as in a chase; suspect may be searched
Masterpiece Cakeshop v. Colorado Civil Rights Commission
1st amendment question: is it actually conveying a message?
Consent
If consent is given by the lawful occupant of the home, police may search it
Fifth Amendment
Due process and takings clause
Procedural Due Process
Government must go through procedures to ensure that the result is fair
Foreign Policy (president)
Coordinates international efforts, negotiates treaties, commander in chief of the military, cannot declare war
Double Jeopardy
A defendant may only be tried once for a particular offense, no matter what is found later
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Section 2
(50 cards)
Verbal defamation is...
slander (damages = must be proven)
Written defamation is...
libel (damages = presumed)
Strict liability
Liable regardless of state of mind
Arson
Using fire or explosives to damage or destroy property, usually with either malicious or fraudulent intent
Duty to Invitees
To exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover
8th Amendment
Prohibits cruel/unusual punishment
Res Ipa Loquitur
"The thing speaks for itself"- Negligence is obvious and the incident would not have happened if negligence did not occur.
Theft of Honest Services
The theft of honest services statute prohibits public and private employees from taking bribes or kickback
Larceny
The trespassory taking of personal property with the intent to steal it
Crimes Committed by Business
If someone commits a crime within the scope of his employment and to benefit the corporation, the company is liable
Goals of Racketeering
invest or acquire business, maintain a business using criminal activity, operate a business using criminal activity
Duty to Trespassers
Not to injure intentionally
Slander/libel per se
Some statements are so harsh and potentially damaging that the plaintiff is assumed to be damaged and does not have to prove injury - Accusations of committing a serious crime - Claims of having a sexually transmitted disease or of being an unchaste woman (gender bias in the law) - Alleged professional incompetence
Intentional tort
Doesn't require intention to harm the victim, only intention to perform the act
Assault
Action that causes the victim to fear an imminent battery
Business torts
Intentional torts that occur almost exclusively in a business setting
Defamation
Irresponsible speech to harm another's reputation
Absolute privilege
A witness testifying in a court or legislature may never be sued for defamation
Racketeering Acts
Includes but not limited to embezzlement, arson, mail fraud, wire fraud
4 facts to prove to win defamation suit...
1. Statement was actually made 2. Statement is false 3. Communicated to someone other than plaintiff 4. Plaintiff must show injury from statement
Public personalities
Have a harder time winning because they have to prove the defendant acted with ACTUAL MALICE
Defenses to criminal charges
Infancy, involuntary intoxication, insanity, consent, duress, self-defense, entrapment, statute of limitations, and immunity
Qualified privilege
When info is legitimately needed, speaker giving it has this
Wrongful death
Improper killing of another
Negligence per se
If you break a law, they assume duty and breach
Racketeer Influenced and Corrupt Organizations Act (RICO)
Prohibits using 2+ racketeering acts to accomplish certain goals, aimed at organized crime
Alcohol and Dram Shop Laws
If they are under 21 and intoxicated, whoever served them is directly liable
Duty to Child Trespassers
If man-made item attracts children, landowner may be liable
Punitive damages
Damages intended to punish the defendant for conduct that is extreme and outrageous
Wife/Mail Fraud
Wire and mail fraud are additional federal crimes involving the use of interstate mail, telegram, telephone, radio, or television to obtain property by deceit
Hiring and retention
Company can be sued if they don't check and due diligence
Embezzlement
Fraudulent conversion of someone else's property already in the defendant's possession
Opinions
Opinions are NOT defamation
Shopkeeper's privilege
Store may detain a person suspected of shoplifting if there is a reasonable basis for the charge and the detention is done reasonable
False imprisonment
The restraint of someone against their will and without reasonable cause
Fraud
Injuring another person by deliberate deception
6th Amendment
Right to a lawyer, speedy trial, impartial jury
Crimes that harm businesses
Larceny, fraud, embezzlement, wire/mail fraud, theft of honest services, arson
Battery
Touching of another person in a way that is unwanted or offensive
Duty to Licensees
To warn of known, but hidden dangerous conditions licensees are unlikely to discover for themselves
Categories of tort law
Intentional torts, negligence, strict liability
Lanham Act
Protection against false statements intended to hurt another's business
Intentional infliction of emotional distress
An intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm
Conversion
Taking/using someone's property without consent
Compensatory damages
Money intended to restore a plaintiff to the position she was in before the injury
Trespass
Intentionally entering land that belongs to someone else or remaining after being asked to leave
Negligence rule
1. Duty 2. Breach (acting unreasonably under the cirumstances) 3. Causation (factual and proximate) 4. Damages
Fraud
Deception for the purpose of taking money or property from someone
Negligence
Careless, but culpable
Tort Law
Violation of duty based on law
Section 3
(18 cards)