QUESTIONS AND CORRECT ANSWERS
Purpose of US Constitution - CORRECT ANSWER -Establish supreme law of US.
-Establish framework for federal gov.
-Integrate states
-Reserve rights of states
3 Framers of the Consitution - CORRECT ANSWER -Magna Carta (1215)
-The Petition of Rights (1628)
-English Bill of Rights (1689)
Common Ideas of the 3 Framers of the Constitution - CORRECT ANSWER -Due
Process
-Taxation without representation
-Habeas Corpus
2 Types of Judicial Activism - CORRECT ANSWER -Power of Judicial Review
-Incorporation
Marbury v. Madison - CORRECT ANSWER -Announced Supreme Court has the
power of judicial review.
What Amendment is the Bill of Rights amendments incorporated - CORRECT
ANSWER -14th
Political Power - CORRECT ANSWER -Is derived from the governed.
3 Ideas for the Structure of the Federal Government - CORRECT ANSWER -Virginia
Plan
,-New Jersey Plan
-Connecticut Compromise
There are _____ Articles and ______ Amendments. - CORRECT ANSWER -7, 27
The first three articles are: - CORRECT ANSWER -Legislative Branch (creation)
-Executive Branch (enforcing)
-Judicial Branch (interpreting)
What amendments make up the Bill of Rights? - CORRECT ANSWER -1-10
1st Amendment - CORRECT ANSWER -Religion
-Speech
-Press
_Peaceful Assembly
_Redress
2nd Amendment - CORRECT ANSWER -Right to bear arms
4th Amendment - CORRECT ANSWER -Unreasonable search and seizures
5th Amendment - CORRECT ANSWER -Grand Jury
-Double Jeopardy
-Eminent Domain
-Self Incrimination
-Due Process
6th Amendment - CORRECT ANSWER -Counsel
,-Jury Trial
-Speedy Trial
-Confrontation
-Impartial Jury
8th Amendment - CORRECT ANSWER -Excessive punishments
14th Amendment - CORRECT ANSWER -Due Process (cannot deprive life, liberty or
property w/out it)
-States cannot abridge privileges or immunities
-Equal protection of law
2 Judicial attitudes towards the Courts - CORRECT ANSWER -Judicial Restraint -
results in no policy decisions.
-Judicial Activism - bold policy decisions.
2 example of judicial activism - CORRECT ANSWER -Judicial Review - exercise of
the Courts (appellate jurisdiction)
-Incorporation - how amendments are applied
Silver Platter Doctrine - CORRECT ANSWER -federal prosecutors could use evidence
obtained illegally by state police because state police were not bound by US Constitution.
Selective Incorporation - CORRECT ANSWER -Incorporates fundamental provisions
Incorporation of Amendments - CORRECT ANSWER -1st - Fully
-2nd - Fully
-3rd - only in 2nd Circuit
-4th - Fully
-5th - Not for Grand Jury
, -6th - Except Vicinage Clause
-7th - followed, not incorp.
-8th - only in guarantee of cruel and unusual punishment
2 Rules under 4th Amendment - CORRECT ANSWER -Warrant Rule
-Exclusionary Rule
Warrant Rule Concepts - CORRECT ANSWER -Neutral and detached magistrate
(issued)
-Probable Cause
-Particularity
-Exceptions
Neutral and detached magistrates - CORRECT ANSWER -Doesn't have to be a lawyer
-Shadwick v. City of Tampa
-Must be impartial
Probable Cause - CORRECT ANSWER -Collection of facts and circumstances
-Known to officer
-Reasonable trustworthy info
-Draper v. US
-Based on totality of circumstances
-Illinois v. Gates
Good Faith Exception - CORRECT ANSWER -Officers acting in what they believe is
in accordance with the warrant.
-Maryland v. Garrison
Particularity - CORRECT ANSWER -Place to be searched