EXAM REVIEW PRACTICAL LAW Essay

Nicholas Kafkas Mr. Doucette Practical Law Exam 18, January, 2015

Bill of Rights
● The first 10 Amendments to our Constitution
○ 1791
○ They outline your rights as a citizen of the U.S.A.
○ Many of them protect the rights of those accused of a crime.
● 10 amendments
○ 1.Congress can't make any law about your religion, or stop you from practicing your religion, or keep you from saying whatever you want, or publishing whatever you want (like in a newspaper or a book). And
Congress can't stop you from meeting peacefully for a demonstration to ask the government to change something.
○ 2.Congress can't stop people from having and carrying weapons, because we need to be able to defend ourselves.
○ 3.You don't have to let soldiers live in your house, except if there is a war, and even then only if Congress has passed a law about it.
○ 4.Nobody can search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason to think you have committed a crime.
○ 5.You can't be tried for any serious crime without a Grand Jury meeting first to decide whether there's enough evidence for a trial. And if the jury decides you are innocent, the government can't try again with another jury. You don't have to say anything at your trial. You can't be killed, or put in jail, or fined, unless you were convicted of a crime by a jury. And the government can't take your house or your farm or anything that is yours, unless the government pays for it
○ 6.If you're arrested, you have a right to have your trial pretty soon, and the government can't keep you in jail without trying you. The trial has to be public, so everyone knows what is happening. The case has to be decided by a jury of ordinary people from your area. You have the right to know what you are accused of, to see and hear the people who are witnesses

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against you, to have the government help you get witnesses on your side, and you have the right to a lawyer to help you.
7.You also have the right to a jury when it is a civil case (a law case between two people rather than between you and the government).
8.The government can't make you pay more than is reasonable in bail or in fines, and the government can't order you to have cruel or unusual punishments (like torture) even if you are convicted of a crime.
9.Just because these rights are listed in the Constitution doesn't mean that you don't have other rights too.
10.Anything that the Constitution doesn't say that Congress can do should be left up to the states, or to the people.

Infringement of Intellectual Property
FAIR USE IF...
● The purpose and character of the use (Parody), including whether such use is of commercial nature or is for nonprofit educational purposes
● Nature of the copyrighted work (factual or creative, published or unpublished)
● The amount and substantiality of the portion used in relation to the copyrighted work as a whole
● The effect of the use upon the potential market for, or value of, the copyrighted work Torts
● When you have been wronged by another and seek some sort of a remedy for your damages.
○ Money?
● Negligent tort: When a person fails to act as a reasonably prudent person
○ In order to prove that a

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