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Exclusionary Rule: The principle based on federal Constitutional Law that evidence illegally

seized by law enforcement officers in violation of a suspect's right to be free from unreasonable
searches and seizures cannot be used against the suspect in a criminal prosecution. (4th
Amendment)

Reasonable Doubt: The level of certainty a juror must have to find a defendant guilty of a crime.
A real doubt, based upon reason and common sense after careful and impartial consideration of
all the evidence, or lack of evidence, in a case. Proof beyond a reasonable doubt, therefore, is
proof of such a convincing character that you would be willing to rely and act upon it without
hesitation in the most important of your own affairs. However, it does not mean an absolute
certainty.

California’s Electoral Votes: each state gets two votes for its two US Senators, and then one
more additional vote for each member it has in the House of Representatives. For California, this
means we get 55 votes (2 senators and 53 members of the House of Representatives) --- the most
of any state.

Bill to Law

The Bill Begins


Laws begin as ideas. These ideas may come from a Representative—or from a citizen like you.
Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the
Representatives agree, they research the ideas and write them into bills.

The Bill Is Proposed


When a Representative has written a bill, the bill needs a sponsor. The Representative talks with
other Representatives about the bill in hopes of getting their support for it. Once a bill has a
sponsor and the support of some of the Representatives, it is ready to be introduced.

The Bill Is Introduced

The Hopper
In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a
special box on the side of the clerk’s desk. Only Representatives can introduce bills in the U.S.
House of Representatives.

When a bill is introduced in the U.S. House of Representatives, a bill clerk assigns it a number
that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the
Speaker of the House sends the bill to one of the House standing committees.

The Bill Goes to Committee


When the bill reaches committee, the committee members—groups of Representatives who are
experts on topics such as agriculture, education, or international relations—review, research, and
revise the bill before voting on whether or not to send the bill back to the House floor.

If the committee members would like more information before deciding if the bill should be sent
to the House floor, the bill is sent to a subcommittee. While in subcommittee, the bill is closely
examined and expert opinions are gathered before it is sent back to the committee for approval.

The Bill Is Reported


When the committee has approved a bill, it is sent—or reported—to the House floor. Once
reported, a bill is ready to be debated by the U.S. House of Representatives.

The Bill Is Debated


When a bill is debated, Representatives discuss the bill and explain why they agree or disagree
with it. Then, a reading clerk reads the bill section by section and the Representatives recommend
changes. When all changes have been made, the bill is ready to be voted on.

The Bill Is Voted On

Electronic Voting Machine


There are three methods for voting on a bill in the U.S. House of Representatives:

1. Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the
bill to say “aye” and those that oppose it say “no.”
2. Division: The Speaker of the House asks those Representatives who support the bill to stand up
and be counted, and then those who oppose the bill to stand up and be counted.
3. Recorded: Representatives record their vote using the electronic voting system.
Representatives can vote yes, no, or present (if they don’t want to vote on the bill).
If a majority of the Representatives say or select yes, the bill passes in the U.S. House of
Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S.
Senate.

The Bill Is Referred to the Senate


When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in
the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported
to the Senate floor to be voted on.

Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.”
If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the
President.

The Bill Is Sent to the President


When a bill reaches the President, he has three choices. He can:

1. Sign and pass the bill—the bill becomes a law.


2. Refuse to sign, or veto, the bill—the bill is sent back to the U.S. House of Representatives,
along with the President’s reasons for the veto. If the U.S. House of Representatives and
the U.S. Senate still believe the bill should become a law, they can hold another vote on
the bill. If two-thirds of the Representatives and Senators support the bill, the President’s
veto is overridden and the bill becomes a law.
3. Do nothing (pocket veto)—if Congress is in session, the bill automatically becomes law after
10 days. If Congress is not in session, the bill does not become a law.
The Bill Is a Law
If a bill has passed in both the U.S. House of Representatives and the U.S. Senate and has been
approved by the President, or if a presidential veto has been overridden, the bill becomes a law
and is enforced by the government.

Jury Selection: Jury selection are many methods used to choose the people who will serve on a
trial jury. The jury pool is first selected from among the community using a reasonably random
method. The prospective jurors are then questioned in court by the judge and/or attorneys.

Federalism: Federalism in the United States is the evolving relationship between U.S. state
governments and the federal government of the United States.

U.S. Constitution, both the national and state governments are granted certain exclusive powers
and share other powers.

Exclusive Powers of the National Government

Under the Constitution, powers reserved to the national government include:

Print money (bills and coins)


Declare war
Establish an army and navy
Enter into treaties with foreign governments
Regulate commerce between states and international trade
Establish post offices and issue postage
Make laws necessary to enforce the Constitution
Exclusive Powers of State Governments

Powers reserved to state governments include:

Establish local governments

Issue licenses (driver, hunting, marriage, etc.)


Regulate intrastate (within the state) commerce
Conduct elections
Ratify amendments to the U.S. Constitution
Provide for public health and safety
Exercise powers neither delegated to the national government nor prohibited from the states by
the U.S.
Constitution (For example, setting legal drinking and smoking ages.)
Powers Shared by National and State Government

Setting up courts

Creating and collecting taxes


Building highways
Borrowing money
Making and enforcing laws
Chartering banks and corporations
Spending money for the betterment of the general welfare
Taking (condemning) private property with just compensation

Full faith and Credit Clause: The Full Faith and Credit Clause—Article IV, Section 1, of the U.S.
Constitution—provides that the various states must recognize legislative acts, public records, and
judicial decisions of the other states within the United States. It states "Full Faith and Credit shall
be given in each State to the public Acts, Records, and judicial Proceedings of every other State."
The statute that implements the clause, 28 U.S.C.A. § 1738, further specifies, "a state's preclusion
rules should control matters originally litigated in that state." The Full Faith and Credit Clause
ensures that judicial decisions rendered by the courts in one state are recognized and honored in
every other state. It also prevents parties from moving to another state to escape enforcement of a
judgment or to relitigate a controversy already decided elsewhere, a practice known as forum
shopping.

Necessary And Proper Clause: It allows the Government of the United States to "make all laws
which shall be necessary and proper for carrying into execution the foregoing powers, and all
other powers vested by this constitution." This has been used for all types of federal actions
including requiring integration in the states. (Implied Powers) Article 1 section 8

Morse v. Frederick: At a school-supervised event, Joseph Frederick held up a banner with the
message "Bong Hits 4 Jesus," a slang reference to marijuana smoking. Principal Deborah Morse
took away the banner and suspended Frederick for ten days. She justified her actions by citing the
school's policy against the display of material that promotes the use of illegal drugs. Frederick
sued under 42 U.S.C. 1983, the federal civil rights statute, alleging a violation of his First
Amendment right to freedom of speech. The District Court found no constitutional violation and
ruled in favor of Morse. The Court reversed the Ninth Circuit by a 5-4 vote, ruling that school
officials can prohibit students from displaying messages that promote illegal drug use. Decision:
5 votes for Morse, 4 vote(s) against Legal provision: Amendment 1: Speech, Press, and Assembly

Double Jeopardy/ Rodney King: Being tried twice for the same offense; prohibited by the 5th
Amendment to the U.S. Constitution.

Rodney King: is an American who was famously the victim in a police brutality case involving
the Los Angeles Police Department (LAPD) on March 3, 1991. A bystander, George Holliday,
videotaped much of the incident from a distance.

Circumstantial vs. Hard evidence:

Circumstantial: Circumstantial evidence relates to a series of facts other than the particular fact
sought to be proved. The party offering circumstantial evidence argues that this series of facts, by
reason and experience, is so closely associated with the fact to be proved that the fact to be
proved may be inferred simply from the existence of the circumstantial evidence.

Hard Evidence: Conclusive evidence without a doubt


UC v Bakke : Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to
the University of California Medical School at Davis. He was rejected both times. The school
reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of
the university's affirmative action program, in an effort to redress longstanding, unfair minority
exclusions from the medical profession. Bakke's qualifications (college GPA and test scores)
exceeded those of any of the minority students admitted in the two years Bakke's applications
were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he
was excluded from admission solely on the basis of race. Decision: 5 votes for Bakke, 4 vote(s)
against Legal provision: Equal Protection

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