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Was the Bill of Rights in the original constitution?
No, it was added later
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What is the Privalge against self incrimination?
Voluntarily gives information. "only applies to testomonial evidence"
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Affirmed
to let the rulling of the lower court stand
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Equal protection clause
States that the goverment cannot treat an identifiable group differently with out agood reason. (discrimination) covered in the 14th amendment
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Protected classes
include Race, gender,religion, national orgin ( goverment must have a compelling reason to discriminate)
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Non-Protected classes
include Rational basi, legitimate reason
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Majority Opinion
Joined in by majority of judges and justices. its the only one the counts as law or precedent
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Concurring Opinion
Agrees with results of majority, but for different reasons
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Desenting Opinion
Disagrees with both results and resoning of majority
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Star Decisis
the doctrine in which a prior decision binds a present case with similar facts. "the decision stands"
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Precedent
A prior decision that's binding on a similar present case.
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Florida Court Systems
(bottom to top) County courts, Circuit courts, District courts of appeals, Florida supreme courts
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Federal Court System
(bottom to top) Magistrates courts, District courts, U.S. Circuit courts of appeal, U.S. supreme courts
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writ. of Certiorari
(latin for; to be certified) It's a discretionary order of the Supreme Court to review a lower courts decision.
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Excessive bail
(8th amendment) Is a payment that has to be paid befor you can be released. founding fathers decided that bail would refer to criminal offences. " what amount of money will grab the defdents attention to return for court.
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Probition against double jepordy
(5th amendment)Constitutional protection against being tried for the same offence more than onece.
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Writ. Habeas corpus
Unjustly imprisond, habeas "bring", corpus "body". "BRING THE BODY"
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Due Process
(5th/14th amendment) States that the govement cannot take somthing away from and individual with out compensating for their loss and adiqute notice with a chance to be heard.
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Supremacy Clause
"Supreme law of the land" states that all laws and procedures must be constitutional.
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Judicial Review
- Decides what is or isnt constitutional and, will interupt the U.S. constitution.
- e.x Malbury vs. Madison (1803)
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Out Lawing Torture
(8th amendment) protects against cruel and unusual punishment, didnt have a problem with death penalty.
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9 Justices on the supreme court
Rule 4. 4 justices must agree to hear a case befor it is brought in for trial
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2 parts of the 6th amendment
- Right to concle
- Right to confentation (see, hear, observe, and cross exaim)
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8th amendment
Was not about the Death penalty, it was about ending torture. the founding fathers were all for the death penalty if the crime suited it.
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4th amendment
- Protects us agains un-reasonable searches and seizures
- (person,house,papers,effects)
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Selective incorporation (1960's)
U.S. supreme courts used 14th amendment due process forced protection of bill of rights on the states ONE BY ONE
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Protective Classes
protect classes protect people from discrimination due to their race,gender,religion and national origin. they must have a compelling reason to discriminate if one of these issues are brought up
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Powell Vs. Alabama
the defendant wasnt provided meaningfull assistence, he was giving a public defender who never reviewed his case. Powell was covered by the "Fundimental Fairness Doc." the case was rejected
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Brown Vs. Mississippi
The confession was beaten out of the defentant and used against them in trial. this was a violation of the "fundimentally fairness doc." you cannot force a confession out of someone. this case was rejected
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U.S. Vs. Armstrong
- this was a "selective prosecution" case meaning that you have a prosecuter making dessicions to prosecute or not prosecute based on discriminatory purposes. defendents would have to show 1 similar situated case were the (white) deffendant was not prosectued.
- -Armstrong couldnt prove "selective prosecution"
- he was found guilty
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