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CHAPTER 13, 14, 15. LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA. NATURALIZATION . BECOMING A U.S. CITIZEN. “NATION OF IMMIGRANTS” ALIEN—HERE BUT DOESN’T PLAN ON BECOMING A CITIZEN. IMMIGRANT—HERE AND INTENDS TO BECOME A CITIZEN.
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CHAPTER 13, 14, 15 LIBERTY AND JUSTICE FOR ALL CONSTITUTIONAL FREEDOM, CITIZENSHIP AND EQUAL JUSTICE. LAW IN AMERICA
NATURALIZATION • BECOMING A U.S. CITIZEN. • “NATION OF IMMIGRANTS” • ALIEN—HERE BUT DOESN’T PLAN ON BECOMING A CITIZEN. • IMMIGRANT—HERE AND INTENDS TO BECOME A CITIZEN.
BASIS OF CITIZENSHIP • DRED SCOTT VS. SANDFORD—BASIS OF STATE CITIZENSHIP IN 1857. • 14 AMENDMENT—ALL CITIZENS EQUAL IN THE EYES OF THE LAW. • “LAW OF SOIL”—BORN HERE. • “LAW OF BLOOD”—PARENTS HERE. • NATURALIZATION-BECOME CITIZENS.
FIRST AMENDMENT • SPEECH • PRESS • ASSEMBLY • PETITION • RELIGION
DUE PROCESS DUE PROCESS OF LAW: • GOVT. MUST FOLLOW PROPER CONST. PROCEDURES IN TRIALS AND IN OTHER ACTIONS IT TAKES AGAINST INDIVIDUALS. DUE PROCESS CLAUSE • 14TH AMENDMENT CLAUSE THAT NO STATE MAY DEPRIVE A PERSON OF LIFE, LIBERTY, OR PROPERTY WITHOUT……
DISCRIMINATION UNFAIR TREATMENT OF INDIVIDUALS BASED SOLELY ON THEIR RACE, GENDER, ETHNIC GROUP, AGE, PHYSICAL DISABILITY, OR RELIGION. TESTS, HIRING, have to show intent to discriminate. SEGREGATION SEPRATION OF PEOPLE FROM THE LARGER SOCIAL GROUP. PLESSY V. FERGUSON BROWN V. BOARD DISCRIMINATION VS. SEGREGATION
DUTY THE HAVE TOO’S IN LIFE. PAY TAXES, DRAFT RESPONSIBILITY THE SHOULD DO’S IN LIFE. VOTE, PRODUCTIVE CITIZEN, INVOLVE DUTY VS. RESPONSIBILITY
EXAMPLES OF CIVIL CASES • 90% OF CASES HEARD AT THE STATE LEVEL INVOLVE CIVIL CASES. • CONTRACTS • PROPERTY • FAMILY RELATIONS • CIVIL WRONGS CAUSING HARM.
PROBABLE CAUSE • SUSPISION OF ILLEGAL ACTIVITY BY SOMEONE. EVIDENCE TO PROVE. • SEARCH WARRANT • PROTECTING PEOPLES’ FREEDOMS
RIGHTS OF THE ACCUSED • SEARCH ANDSEIZURES WEEKS V. U.S. PG.399 • GUARANTEE OF COUNSEL GIDEON V. WAINWRIGHT 401 • SELF-INCRIMINATION MIRANDA V. ARIZONA PG.403 • DOUBLE JEOPARDY • CRUEL AND UNUSUAL PUNISHMENT FURMAN V. GEORGIA PG.405
CIVIL CASES STEPS PLAINTIFF-COMPLAINT. DEFENDANT-DEFEND HIRING A LAWYER FILING THE COMPLAINT. PRETRIAL DISCOVERY RESOLUTION-NO TRIAL TRIAL AWARD CRIMINAL CASES MISDEMEANORS FELONIES INVESTIGATION AND ARREST. INITIAL APPEARANCE. PRELIMINARY HEARING OR GRAND JURY. PLEA BARGAINING ARRAIGNMENT AND PLEAS STEPS IN CIVIL AND CRIMINAL CASES.