Chapter 4

Question 0

The first 10 amendments to the Constitution which define basic liberties.

Answer 0

Bill of Rights

Question 1

The legal constitutional protections against government. Although they are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning.

Answer 1

Civil liberties

Question 2

Establishes freedom of speech, press, religion, and assembly

Answer 2

1st Amendment

Question 3

Amendment adopted after the civil war that states, “not state shall abridge the privileges of citizens of the US; 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.”

Answer 3

14th Amendment

Question 4

The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amendment.

Answer 4

Incorporation clause

Question 5

Part of the 1st Amendment stating that “Congress shall make no law respecting an establishment of religion.”

Answer 5

Establishment clause

Question 6

A 1st amendment provision that prohibits government from interfering with the practice of religion.

Answer 6

Free exercise clause

Question 7

A government preventing material from being published. This is a common method if limiting the press in some nations, but it is usually unconstitutional in the US, according the the 1st Amendment and confirmed in 1931 Supreme Court case of Near v. Minnesota

Answer 7

Prior restraint

Question 8

The publication of false or malicious statements that damage someone’s reputation

Answer 8

Libel

Question 9

Nonverbal communication, such as burning a flag. The Supreme Court has accorded some _____ _____ protection under the 1st Amendment.

Answer 9

Symbolic speech

Question 10

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

Answer 10

Commercial speech

Question 11

Situation occurring when the police have no reason to believe that a person should be arrested.

Answer 11

Probable clause

Question 12

Obtaining evidence in a haphazard manner, a practice prohibited by the 4th amendment. Probable cause or a search warrant are required for legal search for seizure of incriminating evidence.

Answer 12

Unreasonable search and seizure

Question 13

A written authorization from a court specifying the area to be searched for and what the police are searching for. 4th amendment required a ____ _____ to prevent unreasonable searches and seizures

Answer 13

Search warrant

Question 14

Rule that evidence cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure

Answer 14

Exclusionary rule

Question 15

Amendment designed to protect the rights if persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Answer 15

5th Amendment

Question 16

Situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The 5th Amendment forbids ___-_______.

Answer 16

Self-incrimination

Question 17

Amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Answer 17

6th Amendment

Question 18

Actual bargain struck between the defendant’a lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’a promise not to prosecute the defendant for a more serious (or additional) crime.

Answer 18

Plea bargaining

Question 19

Amendment that forbids cruel and unusual punishment, although it does not define this phrase.

Answer 19

8th Amendment

Question 20

Court sentences prohibited by the 8th Amendment. Although the Supreme Court has rules that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes ____ ___ _____ _______.

Answer 20

Cruel and unusual punishment

Question 21

The rights to a private personal life free from the intrusion of government

Answer 21

Right to privacy