Due Process

Question 1

What are property rights?

Answer 1

Rights of an individual in owning and selling property.

Question 2

What is eminent domain?

Answer 2

Power of Gov to take private property for public use.

Question 3

What is regulatory taking?

Answer 3

Gov regulation that effectively takes land by restricting its use even if remaining in owners name.

Question 4

What is due process?

Answer 4

Established rules and regulations that restrain Gov officials.

Question 5

What is procedural due process?

Answer 5

Constitutional requirements that Gov proceed by proper methods.

Question 6

What is substantive due process?

Answer 6

Constitutional requirement that Gov acts fairly and reasonably.

Question 7

What are the three parts of right to privacy?

Answer 7

1. Right to be free from Gov surveillance and intrusion especially with intimacy and orientation
2. Right for gov not to make private affairs public
3. Right to be free in thought and belief from gov regulations

Question 8

What does the fourth amendment protect?

Answer 8

Protects people from unreasonable searches and seizures.

Question 9

What is a search warrant?

Answer 9

Writ issued by magistrate that authorizes police to search particular place or person specifying place and object to be seized.

Question 10

What is the terry search?

Answer 10

A quick pat down to check for weapons or weapons of assault.

Question 11

What is the exclusionary rule?

Answer 11

Requirement that evidence illegally obtained be excluded from trial.

Question 12

What are the four steps to procedural protection?

Answer 12

1. Pretrial
2. Trial
3. Sentencing
4. Appeal

Question 13

What is a grand jury?

Answer 13

Large jury where people privately hear evidence and issue indictment if decide that crime was actually committed.

Question 14

What is a petit jury?

Answer 14

A petit jury is smaller jury where people determine whether defendant is found guilty.

Question 15

What is an indictment?

Answer 15

Also a true bill, formal statement from grand jury charging individual with offense.

Question 16

What does eight amendment do?

Answer 16

Forbids levying excessive fines and inflicting cruel punishments.

Question 17

What are the restrictions on the government in terms of substantive due process?

Answer 17

Can’t single out a group
Can’t call for varied punishments
Must have equal enforcement