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Bill of Rights Fall 2023
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A student at SHS wears a swastika on their shirt. An administrator instructs the student to either turn the shirt inside out or go home. Does this violate the student's right to free speech on campus?
No
How do civil and criminal cases differ?
Civil you are suing for damages (money) Criminal you've broken a law.
Which of the following would be considered a "civil" case?
 
Chris is suing Hezi for emotional damage.
 
Conner was caught speeding.
 
Gage is accused of stealing millions of $$ from Apple.
 
Alexis decided to jaywalk instead of using the sidewalk.
According to the Constitution, what qualifications must a federal judge possess?
None
Which amendment incorporates the Bill of Rights into the states?
14th- Due Process Clause
Name the 6 freedoms protected by the 1st Amendment.
Speech, press, assembly, free-exercise of religion, gov't can't establish an official religion, petition your gov with grievances.
What is the difference between probable cause and reasonable suspicion?
Teacher's Discretion
Civil or Criminal: President Trump is accused of inciting a riot on January 6, 2021.
Criminal
Civil or Criminal: Jeffery Dahmer was tried for the murder of 17 people
Criminal
Brandy Levy took a case all the way to the SCOTUS. What free speech rights in school did the cheerleader challenge?
Controversial speech off campus on social media
Why was New Jersey v. TLO important?
Search and Seizure in schools- School officials only need REASONABLE SUSPICION.
Why is Mapp v. Ohio important?
4th Amendment Search and Seizure (States must follow your 4th Amend. rights) Exclusionary Rule
Why was the Masterpiece Cakeshop (SCOTUS) important?
Allowed business owners to deny service based on religious freedom.
Why was Morse v. Frederick important?
Tested the 1st Amendment (Expression) relating to "Bong Hits For Jesus". Clarified drug messages are NOT protected.
What qualifications are required to be a federal judge/supreme court justice?
None
Legal/Illegal- A student comes to school in their pickup truck. In the back of the pickup truck flies a "Trump" flag. The Principal tells the student to remove it or face suspension. Is this legal or illegal? Explain
Illegal, unless the flag starts fights in the parking lot, then they may do so for student safety. (But that is iffy)
Who was Clarence Earl Gideon and why was he important?
The right to an attorney even if you cannot afford one was incorporated into the states.
Doug is caught red handed stealing an item. Before law enforcement can arrest him, he jumps in his car & takes off. He is caught and arrested. Can the police search his car?
yes/Legal
Legal/Illegal-Doug is Christmas shopping. He steals the item & is caught on video by a mall cop. The mall cop searches the individual & finds the item. Police officers arrive & arrest the suspect. Is this a legal/Illegal search?
Legal
Legal/Illegal- A student posts a threat to a fellow student on Snapchat. This is done off campus on a Saturday. Students see the post and report it to the Principal. The student is suspended. Legal/Illegal?
Legal
Legal or illegal- There is a tip given to the principal that a fight will occur during lunch in the quad. Students start to appear in the quad during lunch and are searched for weapons by the Sanger Police Department. Legal/Illegal?
Illegal
Legal or Illegal- A car is speeding and swerving all over the road. The car is pulled over because the driver is suspected of being under the influence. Can the officer search the vehicle?
Yes/Legal
Does the exclusionary rule apply to searches conducted by school officials in public schools? Which SCOTUS case?
New Jersey v. TLO
Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? Which SCOTUS case?
TInker v. Des Moines
What do the Miranda warnings guarantee besides the right to remain silent?
the right to a lawyer even if you can't afford one
What does "You have the right to remain silent" mean?
You don't have to say anything to law enforcement/ prosecutors that may incriminate yourself.
Which of following is not one of the things that police officers need in order to conduct a legal search?
 
Suspicion
 
Consent
 
Search Warrant
 
Probable Cause
A reasonable presumption that a crime has been, is being, or will be committed.
Reasonable Suspicion
What must exist for the police to be able to arrest someone or obtain a search warrant.
Probable Cause
Guarantees the right to a speedy, impartial public trial in criminal cases with counsel and the right to cross examine. Amendment?
6th
Jeffrey is suspected in the shooting death of his wife. He is acquitted because no gun was found. A year later a contractor found the gun hidden under a floorboard. Prosecutors retry Jeffrey. Amend/Clause?
5th Double Jeopardy
Carl was arrested for assault five years ago. He has been sitting in jail awaiting his trial ever since then, and the court claims that the process has been lengthened due to complications with logistics concerning court dates and witness
6th
The other day, a bag of illegal drugs was found in the parking lot of the local mall. As a result, the police proceeded to open and search through all of the cars in the parking lot at that time. Which amendment would apply to this scenario
4th Amendment
How many amendments are in the Bill of Rights, as ratified in 1791?
10
This amendment and clause made the Bill of Rights apply to the states
14th Amendment- Due Process Clause (incorporation)
Who nominates a federal judge?
The POTUS
Who approves or confirms a federal judge?
the Senate (must be specific)
What does "self-incrimination mean?"
A statement that accuses oneself of a criminal offense that may lead to criminal prosecution now or in the future.
According to the 6th Amendment, a jury must be
impartial or Unbiased
What is double jeopardy
Tried twice for same crime
What is symbolic speech?
Non-spoken
Explian the "Exclusionary Rule"
Illegally obtained evidence may not be used against you in court.
A change to the Constitution
Amendment
The exclusionary rule concept falls under which amendment?
4th
After this case, the police read a card which indicated specific rights of the accused.
Miranda v. Arizona


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