Professional Documents
Culture Documents
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 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.
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.
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.
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.
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.
Setting up courts
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: 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.