HS 320 Law and Policy Exam 1 Actual Questions And Correct Detailed Answers Graded A+.

What is the functions of the first amendment? - correct answer Congress shall make no law respecting an establishment of *religion*, or prohibiting the free exercise thereof; or abridging the *freedom of speech*, or of the *press*; or the right of the people peaceably to *assemble*, and to *petition* the Government for a redress of grievances. What is the function of the second amendment? - correct answer A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. seperation of powers - correct answer dividing the powers of government among the executive, legislative, and judicial branches (Checks and Balances) Large States vs. Small States - correct answer Virginia plan (large state) based on population; New Jersey Plan (small state) one vote per state; Connecticut compromise- bicameral congress, house: based on pop and senate: 2 votes per state Impeachment Process - correct answer 1. House passes articles of impeachment by majority 2. Senate tries and 2/3 must convict Categories of Presidential Power - correct answer 1) Highest when working with congress 2) Lowest when working against congress 3) neutral when congress has not spoken Civil Law - correct answer the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. Criminal Law - correct answer a system of law concerned with the punishment of those who commit crimes. burden of proof - correct answer Civil Law: proven by the plaintiff ( above 50%) Criminal Law: proven by the prosecution (beyond reasonable doubt) implied powers - correct answer Powers not specifically mentioned in the constitution judical review - correct answer review by the US Supreme Court of the constitutional validity of a legislative act. probable cause - correct answer reasonable grounds (for making a search, pressing a charge, etc.). exclusionary rule - correct answer a law that prohibits the use of illegally obtained evidence in a criminal trial. Exceptions to the Exclusionary Rule - correct answer good faith, inevitable discovery Miranda Rights - correct answer A list of rights that police in the United States must read to suspects who are taken INTO CUSTODY and are being interrogated -Right to remain silent -Right to an attorney -If you can't afford an attorney, we'll give one to you Limitations: -Not required when police officer posing as an inmate -Public Safety exception (motivation between the questioning, is it to get a conviction or to discover information to protect the public) Grounds for Miranda Rights - correct answer In custody and interrogation Custodial Interrogation - correct answer -Individual is not free to leave -Purpose is to gain incriminating statements -Interrogation techniques are designed to get the suspect to talk, through persuasion and even trickery Exigent Circumstances - correct answer when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure public safety exception - correct answer Exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, when public safety would be jeopardized by their taking the time to supply the warnings. Trial vs. Appellate Courts - correct answer The Trial Court is called the Superior Court (in the Federal System it is called the District Court). The focus in the trial court is to discover the true facts. In the appellate courts, almost always there is no battle over the facts. The appellate court will accept the facts that the jury found grand jury - correct answer A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime. sovereign immunity - correct answer the principle that a sovereign government cannot be taken to court unless it agrees to be sued Absolute Immunity - correct answer Complete immunity from civil lawsuits. In the case of prosecutors, absolute immunity shields them from all civil liability for actions. Qualified Immunity - correct answer Qualified immunity is a legal doctrine in United States federal law that shields government officials from being sued for discretionary actions performed within their official capacity, unless their actions violated "clearly established" federal law or constitutional rights. 3 Amendment - correct answer The government may not house soldiers in private homes without consent of the owner 4 Amendment - correct answer Unreasonable Search and Seizures (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirterm-26mation, and particularly describing the place to be searched, and the persons or things to be seized.) 5 Amendment - correct answer the right to a speedy trial come. (Self-Incrimination) (No Nouble Jeopardy) prohibits the government from forcing individuals to testify against themselves. (Due Process) Sixth Amendment - correct answer A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a (speedy and public trial). Confrontation Clause - correct answer The part of the Sixth Amendment that guarantees all defendants the right to confront witnesses testifying against them during the criminal trial. right to counsel - correct answer Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation. speedy trial - correct answer a right contained in the sixth amendment to prevent indefinite pre-trial detention and secret trials Exceptions to the Fourth Amendment - correct answer None Maubury v. Madison - correct answer established the Supreme Court's power of judicial review Youngstown Sheet & Tube Co. v. Sawyer - correct answer Case in which the Supreme Court placed limits on the executive power of the president. Terry v. Ohio - correct answer Police can search and seize with probable cause Miranda v. Arizona - correct answer The accused must be notified of their rights before being questioned by the police Strickland v. Washington - correct answer Right to affective counsel; must meet min. standards Brewer v. Williams - correct answer The S.C. ruling that once judicial proceedings begin, the Sixth Amendment to the United States Constitution dictates that the suspect has a right to counsel. New York v. Quarles - correct answer Public safety exception to Mirand