Article III
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Judicial Branch (Creates U.S. Supreme Court. Authorizes Congress to
establish other courts as needed; Congress has established U.S. Court of
Appeals and Federal District Court .)
But for test
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but for the action or lack of action of the defendant, the plaintiff wouldn't
have been injured.
,Substantive Due Process
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State Laws Cannot Substantively Eliminate Rights Without Some reason.
City of Ontario Case
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Quon was sexting his wife and other people and the city got an extra
charge and city wanted to charge him for overage. They went through his
texts said his privacy was invaded. Said it was legal because there was no
reasonable expectation of privacy.
Fifth Amendment
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provides protection against self-incrimination (Taking the Fifth) and is also
due process.
Search Warrant
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, Must be based on probable cause; i.e., good reason to believe that
instruments or evidence of a crime are present at the business location
sought to be searched. Must be issued by a disinterested magistrate. If
searches done improperly, evidence is inadmissible at trial.
Shopkeeper's Privilege
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Can detain for reasonable time. Must have basis for detaining the individual
RICO
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Complex statute designed to curb organized crime activity. Commission of
two acts in a ten-year period. Acts include: Murder, kidnapping, gambling,
arson, robbery, bribery, extortion, dealing in pornography or narcotics,
counterfeiting, pension, union, or welfare funds embezzlement, mail or wire
fraud, obstruction of justice or criminal investigation, securities fraud, white
slavery, transportation of stolen goods, violations of Currency Reporting
Act .
Slander
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Oral or spoken defamation
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Judicial Branch (Creates U.S. Supreme Court. Authorizes Congress to
establish other courts as needed; Congress has established U.S. Court of
Appeals and Federal District Court .)
But for test
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but for the action or lack of action of the defendant, the plaintiff wouldn't
have been injured.
,Substantive Due Process
Give this one a try later!
State Laws Cannot Substantively Eliminate Rights Without Some reason.
City of Ontario Case
Give this one a try later!
Quon was sexting his wife and other people and the city got an extra
charge and city wanted to charge him for overage. They went through his
texts said his privacy was invaded. Said it was legal because there was no
reasonable expectation of privacy.
Fifth Amendment
Give this one a try later!
provides protection against self-incrimination (Taking the Fifth) and is also
due process.
Search Warrant
Give this one a try later!
, Must be based on probable cause; i.e., good reason to believe that
instruments or evidence of a crime are present at the business location
sought to be searched. Must be issued by a disinterested magistrate. If
searches done improperly, evidence is inadmissible at trial.
Shopkeeper's Privilege
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Can detain for reasonable time. Must have basis for detaining the individual
RICO
Give this one a try later!
Complex statute designed to curb organized crime activity. Commission of
two acts in a ten-year period. Acts include: Murder, kidnapping, gambling,
arson, robbery, bribery, extortion, dealing in pornography or narcotics,
counterfeiting, pension, union, or welfare funds embezzlement, mail or wire
fraud, obstruction of justice or criminal investigation, securities fraud, white
slavery, transportation of stolen goods, violations of Currency Reporting
Act .
Slander
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Oral or spoken defamation
