Travaux Dirigés Anglais 1 PDF

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Summary

Exercises et devoirs du cours, bien pour préparer aux examen...

Description

Anglais 1 4 Copy of TD Anglais 1

Copy of Outline

Prof

Mme. Semichon - [email protected] (Dear...Regards, Monday 14.05)

Objective

learn the questions on the chapter bevor the cours

Matériels

freedictionary (legal), ozdic (collocations)

Dates importants

4.10. presentation

Exams

Exam 10 + Tutorial 10 (4 Midterm + 2 participation + 2 oral presentation + 2 interro)

Presentation: Mahanoy Area School District v.

5 min /student - keine Karteikarten, PPT (max. 6 lignes, max. 6 words per line

B.L. (2021) First

(24 schrift), pictures, diagrams, timelines; present a case (1 sentence to introduce

Amendment (freedom of speech)

the case); 2 questions to the public → dialogue (after the 5 min)

- week 3 1. Complete the sentences using between 15 and 30 words (20%) (cram the sentence with vocab of the cours) - 2. Text with questions → 100 Words/10 lines Final Exam

per answer (30%): a) recap the facts, b) comment upon the underlined, implicit sentences → legal, neutral not personal comment, c) what do you think? (personal professional legal opinion) - 3. case study 300w (50%): 1 § = 1 idea + 1 example

Week 1 & 2 Intro - 14th A Studying the Bill of Rights

Bill of Rights : Amendments to the Constitution Ratified in 1791 main objectif : protecting the fundamental rights of American citizens and the democracy historical context : claim for an independent political system after suppression under the British Colonies amendments to the Constitution rather than simple laws : law can repealed by a majority of 50 % + 1 in each house of Congress, whereas an amendment to the C° can only be overturned by another amendment (needs 2/3 majority in Congress and 3/4 of the states)

How to read a court opinion (US supreme court)? three parts: facts decision legal reasoning

The 14th amendment (section 1) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Why was the 14th amendment introduced ? The main reason why the 14th amendement was introduced is the protection of the rights of recently freed slaves. The overturnment of the Three-Fifths Clause went hand in hand with the introduction of the 14th amendment. Three-Fifths Clause : slaves were counted as three fifths of a free individual for the purposes of determining congressional representation What is the first section about? The first section describes national citizenship (so that the federal government can protect citizens as well) and contains clauses in order to limit the power of the

governments of the states. These three clauses are called : the Privileges or Immunities Clause, the Due Process Clause an the Equal Protection Clause. protection from the government right to have property right to reside, pass through or settle in any other state right to claim writ of habeas corpus (= right to ask the court if they are lawfully detained) right to take actions in court the right to vote What was and is the Fourteenth Amendment used for? The 14th amendment was a judicial tool for anybody, especially for emancipated slaved, who suspected a state re-establishing slavery. Basically, the 14th ad. allowed them to file suit against the state. What is the fundamental characteristic of the US Constitution (and Bill of Rights)? They only apply to the federal government : limiting its power ↔ the 14th ad introduced the possibility of limiting federal and state governments What is the Due Process of Law Clause ? It is protecting three fundamental rights from intervention by the government : life, liberty and property. → procedural process of law : guarantees 3 fundamental rights during trial befor trial : right to be given notice during trial : right to be heard after trial : right to appeal the decision → substantial due process of law : applies when fundamental rights are at stake in a process What is the Equal Protection Clause? → principal of no discrimination : 14th ad gives any citizen the right to ask for protection of their rights by the federal government through the federal courts from the state governments. What is selective incorporation?

→ Case Palko v. Connecticut (1937) : the Supreme Court first laid out the ground rules of selective incorporation. When the Supreme Court decides to incorporate a clause or an entire Amendment, this means that the states have to strike down any and all of their laws that are in contradiction with the USSC decision. Unlike total incorporation selective incorporation applies only those of the Bill of Rights to the state government, which contain specific individual rights. Selective incorporation ist extending the meaning of Due Process and including the individual, substantial rights of the BoR into the application against the states. What is the difference to the 5th amendment ? 14th amendment protects the incorporated Bill of Rights from violation by the states, whereas the 5th amendment guarantees the protection of rights violated by the federal government. Can the government restrict fundamental rights? Substantial due process : if the government attempts to interfere with a substantial right, they have to face strict scrutiny (which is the most stringent level of judicial scrutiny). What test does the USSC use to decide issues related to substantive rights? → the law must be justified by a compelling governmental interest, it must be narrowly tailored to achieve its legitimate aim and must be the least restrictive means of achieving such an aim.

Week 3 1st A - Freedom of Speech Read The First Amendment– Freedom of Speech (part 1) p.23-27.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

What is the most important word in the First Amendment? → freedom Which levels and branches of government does the First Amendment apply to? → explicitly : "Congress", but also to the executive and judicial branches.

→ Due Process Clause : also state and local governements (incorporation of the First Amandement) Why did the Founding Fathers want speech to be protected and what sort of speech did they want to protect? → democracy, a priori all speech What is included in ‘speech’ beside spoken words? Why? → criticism : democratic debate → hate speech : invites dispute → symbolic speech : inviting dispute as well → menage behind it → compelled speech → freedom from prior restraint on speech What is the government prevented from doing by the Freedom of Speech Clause?

What is the difference between ‘fighting words’, ‘true threats’ and ‘hate speech’? → fighting words : breach of the peace → true threaths : intention of causing injury → hate speach : invites to a dispute, doesn't harm → not forbidden Why does the Supreme Court make a difference between content-based and contentneutral regulations? → content based regulation = regulation because of WHAT is being said → narrowly tailored → content-neutral regulation = regulation in order to protect public order or safety, based on factors like time, place or manner → not narrowly tailored What standard do courts use to decide cases challenging government regulation of expression? → content based or content neutral Why are some categories of people less protected under the First Amendment when they speak? → custodial role Is the press more protected than other people? Is that normal? Why?

→ the press is one of the most important components in order to secure democracy → no, freedom of press = freedom of speech for journalists → independent supervision of the government Why are the rights to petition and assemble specifically mentioned in the text of the First Amendment? → guarantees the right to request govenment action → assure democracy Which right is held by the SC to be implicitly protected under the First Amendment? Why? → Freedom of expressive association → right to gather with like-minded people to discuss matters of common concern Exercise: Text 1 and questions p.29-30

Week 4 - 1st A - Freedom of Religion Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Read The First Amendment– Freedom of Religion (part 2) p.38-41. How is freedom of religion protected in the US? Freedom of Religion is protected by the First Amendment which contains the Establishment Clause and the Free Exercise Clause. What should courts look for when deciding cases based on the Establishment Clause? = obligation of the government to neutrality in relation to religion. → gouvernment should not establish a state religion, or support a particular religion → government can't impose a religion on its citizens Lemon Test : (established by the USSC for the lower courts → 3 degrees : can you find a secular purpose in the law ? → if no, violation of the 1st A

is its primary effect either to advance or prohibit religion ? → if yes, violation of the 1st A is there excessive entanglement by the government ? → if yes, violation of the 1st A Can the government give money to religious schools ? Depends on how the money is used : for religious purposes : no for any other purposes : yes Why was and is there need for a Free Exercise Clause? = prohibits the government from interfering in anyone's beliefs or practices. → dispute over the extent to which the state should accommodate religious beliefs and practices → small line within a legitimate accommodation of free exercise and impermissible support of a particular religion → forbids government from deliberately targeting religious practices (when religious practices are in conflict with general rules) Importance : → for peace and safety → religion is so important that people would practice it anyways, even if it's forbidden → self-developpment is very important in a functioning democracy Between 1963 and 1990, what was the position of the Supreme Court on the application of the Free Exercise Clause? → prohibits government from interfering in anyone's religious beliefs → strong constitutional protection of Free Exercise (strict scrutiny)→ government must have a compelling interest What change did Smith bring? → complete reversal of perspective → a "valid and neutral law of general applicability" is now enough to restrict Free Exercise → a priori the interest of the government now prevails → RFRA as reaction of Congress, who was outraged by the decision in Smith What level(s) of government does the RFRA apply to? RFRA : government needs a compelling interest if it wants to limit a religion

→ RFRA (→ overturn Smith and restore religious exemptions) → only applies to the Federal government, but 20 states have since passed their own RFRA Exercise: read Skills p.42-43, Homework to be handed in on paper (please use double-line space for me to have enough space to correct). This exercise is NOT marked, it is just for you to train for the midterm and exam. Case study p.53 Do not answer the questions in the booklet, just answer the following one: Discuss constitutional issues raised by that case. Please write a maximum of 300 words

Week 5 - Pre Trial Proceedings (1) Arrest and Custody → arrestees and detainees are protected by the 4th, 5th and 6th Amendments. 4th A : the right to free of unreasonable search and seizure 5th A : the protection against self-incrimination 6th A : the right to counsel Miranda Rights → landmark decision Miranda v. Arizona (1966) ; SC held that all suspects in police custody must know their rights before they can voluntarily waive them. The Mirandized suspects are entitled to legal advice, even if they are too poor to afford a lawyer Police must stop their questioning if the suspects invoke their right to remain silent What will happen if someone is arrested and questioned without being Mirandized? exclusionary rule : any un-Mirandized statement will be excluded from evidence at trial but any evidence gathered as a result to an un-Mirandized statement can be used (=nontestimonial evidence, ex.: blood, fingerprints, weapons, pictures,...) What are the limits to the general rules that have been established pursuant to Miranda? "public safety exception" : situation in which police will be allowed to bypass (most often used in terrorism cases)

Miranda only protects suspects from coercion, not deception : ex. jailed suspects confession to an police officer posing as an inmate can be used in court being silent isn't enough in order to remain unsuspicious : it must be said out loud What standard do the police use to determine whether they can legally stop an individual? Stop and frisk : → police officers can lawfully stop an individual based on a reasonable suspicion that the person has committed, or is about to commit a crime. (→ arbitrary, not objective : based on officers training and experience) → reasonable suspicion is lower than doubt What limits are there to a Terry stop? information from an anonymous informant isn't enough → other corroborating facts required police has to justify their reason why stopped someone exclusionary rule : any evidence discovered by police during an illegal stop can't be used at trial "fruit of the poisonous tree" doctrine : even validly obtained evidence can be excluded if it only occurred because of a prior unconstitutional search → an initially invalid search can corrupt the entire chain of investigative actions that follow. 2013 federal juge : racial profiling by the NYPD → unconstitutional In what circumstances can police officers conduct a search or seizure without a warrant? Constitution protects citizens against "unreasonable" searches and seizures = searches and seizures conducted without warrant delivered by a judge → they have high standards : beyond a reasonable doubt (=near certanty) or probable cause or reasonable suspicion (used by police officers when they don't have the time to search for a warrant) → stop and frisk Exceptions : searches incident to a lawful arrest : officer can search a person and the immediate area in the course of a lawful arrest

exigent circumstances : officer can search places in circumstances where they have reasonable grounds to believe that such action is necessary in order to protect life or property plain view : officer can lawfully seize objects that are in plein view checkpoints : ex.: checkpoints to randomly check sobriety of motorists or discretionless immigration checkpoints (but crime-fighting checkpoints are not allowed) consent : no warrant required if a person consents to a search Exercises: case studies 2 and 4 p.57-58.

Week 6 - Pre-Trial Proceedings (2) From First Appearance to Plea Bargaining Read Pre-Trial Proceedings – From First Appearance to Plea Bargaining p.69-73. Learn the diagram p.70 :

The basic criminal process

Crime Discovered

→ police officer arrests and places suspect in custody

& Arrest → arrest with warrant : first appearance in court "without necessary delay" → arrest Initial

without warrant : within 48 h to determine wether the arrest was justified // → juge will

Appearance

Mirandize suspect + set a date for the preliminary hearing + decision : bail or custody until next trial

Preliminary

→ decision about formal charging of the defendant (or charges beeing dropped) by a

Hearing

judge → prosecutor (=district/state attorney) issuing an information or grand jury

Grand Jury Investigation

5th A : no person shall be held to [...] held for a infamous crime (

1 + years in prison),

unless on a presentment or indictment of a Grand Jury // Grand Jury : 16-23 members, decision by majority voting using the "probable cause" standard → issued by the Grand Jury ("true bill") if enough members agree (not an adversarial process) // → defense can't present its own case // → rules of evidence not as strict as at

Indictment

trial → hearsay evidence and evidence the may be inadmissible at trial can be introduced // other rules : closed to public; no lawyers for witnesses; compel to testify possible; grand jurors have the right to subpoena

Arraignment

→ step, if the defendant has been indicted or formally charged → = defendant will appear before a judge, who will read them the charges filed against them, and will be asked to enter a plea

Not Guilty

→ case will proceed to trial // 90 % of all cases : guilty plea : defendant admits to all the

Plea

charges // nolo contendere

Trial Guilty Verdict Presentence Investigation Sentencing

What are the consequences of the bail system?

What main difference is there between the federal and state processes before trial? Why is that so?...