chapter 4: Civil Liberties Flashcards

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1
Q

The process of extending the protections of the Bill of Rights by means of the fourteenth amendment to apply the actions of state governments is known as
________

A

incorporation

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2
Q

If a police officer has a reasonable belief that someone is committing or about to commit a crime, that officer can stop and frisk the suspect without __________.

A

a warrant

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3
Q

Which of the following is one of the central concerns of the first amendment?

A

Rights of citizens to petition the government for redress of grievances

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4
Q

Legislation forbidding flag burning was deemed constitutional because it

A

1st amendment protection of expression and a symbolic speech

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5
Q

Which test/court case examines the constitutionality of religious establishment?

A

lemon test / lemon v kurtzman

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6
Q

When a defendant in a criminal case agrees to plead guilty in exchange for concessions from the prosecution, the case has been resolved by what?

A

plea bargaining

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7
Q

The Bill of Rights is made up of the first ________ amendments to the U.S. Constitution

A

ten

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8
Q

Near v. Minnesota was a landmark Supreme Court involving which of the following

A

prior restraint

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9
Q

Prohibiting a newspaper from publishing a story critical of the government is an example of what kind of law?

A

prior restraint

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10
Q

Which of the following is responsible for determining whether enough evidence exists to support a conviction against a criminal defendant?

A

jury

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11
Q

In Miranda v. Arizona the United States Supreme Court declared that

A

police must inform criminal suspects of their constitutional rights before questioning suspects after arrest

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12
Q

A written statement is ________, the same statement spoken aloud is ______.

A

libel : slander

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13
Q

Gitlow v. New York, in which the Supreme Court held that freedom of speech and of the press are fundamental liberties protected by the fourteenth amendment from impairment by the States, began the development of the doctrine of ________.

A

incorporation

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14
Q

Does the USA Patriot Act expand an exception found in which __ amendment to allow spying?

A

4th

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15
Q

Which Supreme Court case upheld an individual’s right to have a gun in his or her home?

A

McDonald v. Chicago

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16
Q

Opponents of the death penalty have argued that it violates which amendment to the Constitution?

A

8th

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17
Q

The free exercise clause guarantees that the national government will not interfere with which of the following?

A

Religion

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18
Q

In Roth v. U.S., the Supreme Court held that material must be utterly without social importance to be considered _______.

A

obscene

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19
Q

Legal questions regarding birth control stem from the implied right to which of the following

A

privacy

20
Q

The Supreme Court has ruled which of the following concerning the death penalty?

A

The death penalty is not necessarily cruel and unusual punishment

21
Q

NYT CO. v. Sullivan held that there must be proof of which of the following in order to find libel against a public figure?

A

Actual malice (desire to do evil)

22
Q

Which rule bars the use of illegally seized evidence at trial?

A

exclusionary

23
Q

Which of the following Supreme Court cases demonstrates how reluctant the courts are to excercise prior restraint even when national security issues are involved?

A

New York Times v. the United States

ruled against prior restraint

24
Q

Which of the following generally is unconstitutional in school?

A

Prayer

25
Q

Civil liberties are ______ that the government cannot take away

A

protections

26
Q

Miranda rights include the right to which of the following?

A

Counsel

27
Q

which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws?

A

4th Amendment protection against unreasonable search and seizure

28
Q

Double jeopardy clause prevents an individual who is acquitted of a crime from which of the following?

A

Being tried again

29
Q

The Constitution protects against search of an individual’s person, home, or vehicle without _____

A

a warrant

30
Q

The doctrine of prior restraint prevents the government from prohibiting speech or publication_______

A

before the fact

31
Q

The Supreme Court briefly outlawed which of the following in the 1970s by asserting that it was being imposed in an arbitrary manner?

A

Capital punishment

32
Q

In Roe v. Wade, the majority of the Supreme Court justices determined that __________

A

the US Constitution implied a right to privacy and thus made abortions legal

33
Q

The Supreme Court has ruled that states can limit abortions if the regulations do not pose which of the following?

A

An undue burden

34
Q

Which of the following best describes the purpose of the establishment clause?

A

It prohibits Congress from establishing a state religion

35
Q

According to Roe v. Wade, what could the state do if women wanted to obtain an abortion in her 1st trimester?

A

The state could not exercise any control over it

36
Q

The 4th Amendment of the Constitution protects citizens from which of the following?

A

Search and seizure

37
Q

A writ of habeas corpus refers to ____

A

a person’s right to know the reasons for their imprisonment

38
Q

What does the 6th Amendment guarantee to the accused of a crime?

A

assistance of counsel

39
Q

Which amendment forbids coercion (threats or blackmail) in the form of entrapment?

A

5th Amendment

40
Q

The Supreme Court has aroused the wrath of many Americans with rulings like that in Engel v. Vitale regarding which controversial religious issue?

A

Recitation of prayer and Bible passages in school

41
Q

Which Supreme Court case developed the exclusionary rule? exclusionary = exclude illegal evidence

A

Mapp v. Ohio

42
Q

In Barron v. Baltimore, the Supreme Court held that the Bill of Rights limits _____, not _________ action

A

federal : state and local

43
Q

Both Gitlow v. New York and New York Times v. Sullivan are US Supreme Court cases that dealt with which of the following amendments to the US Constitution?

A

1st Amendment

44
Q

During World War 1, the Supreme Court upheld the conviction of Charles T. Schenck, ruling that government can limit speech that ______________

A

creates a clear and present danger

45
Q

The free-exercise clause protects ____________

A

voluntary prayer by student groups before school

46
Q

The Supreme Court has used incorporation to ___ the rights of states

A

limit