Chapter 5

Question 1

Due process of law

Answer 1

Denies the government the right without due process to derive people of life liberty and property

Question 2

Equal protection of the laws

Answer 2

A standard of equal treatment that must be observed by the government

Question 3

Selective incorporation

Answer 3

The process whereby the court has applied most but not all parts of the bill of rights to the states

Question 4

Freedom of expression

Answer 4

Right of people to speak publish and assemble

Question 5

Freedom of religion

Answer 5

People shall be free to exercise their religion and government may not establish a religion

Question 6

Prior restraint

Answer 6

Censorship of a publication

Question 7

Clear and present danger test

Answer 7

Law should not punish speech u less there was a clear a present danger of producing harmful actions

Question 8

Libel and slander

Answer 8

Writing or speech that falsely injures another person

Question 9

Symbolic speech

Answer 9

An act that conveys a political message

Question 10

Civil liberties

Answer 10

Rights chiefly rights to be free of government interference accorded to an individual by the constitution free speech free press and so on

Question 11

Free exercise clause

Answer 11

First amendment requirement that law cannot prevent free exercise of religion

Question 12

Establishment clause

Answer 12

First amendment ban on laws respecting an establishment of religion

Question 13

Wall of separation

Answer 13

Court ruling that gov cannot be involved with religion

Question 14

Exclusionary rule

Answer 14

Improperly gathered evidence may not be introduced in a criminal trial

Question 15

Search warrant

Answer 15

A judges order authorizing a search

Question 16

Probable cause

Answer 16

Reasonable cause for issuing a search warrant or making an arrest more than mere suspicion

Question 17

Good faith exception

Answer 17

An error in gathering evidence sufficiently minor that it may be used in trial

Question 18

Public safety exception

Answer 18

The police can question an Unmirandized suspect if there is a urgent concern for public safety

Question 19

Inevitable discovery

Answer 19

The police can use evidence of it would inevitably have been discovered

Question 20

Gitlow v New York

Answer 20

Supreme Court says the first amendment applies to the states

Question 21

Schenck v US

Answer 21

Speech may be punished if it creates clear and present danger of illegal acts

Question 22

Tinker v Des Moines

Answer 22

Public school students may wear armbands to class protesting against Americas war in Vietnam when such display does not disrupt class

Question 23

Texas v Johnson

Answer 23

There may not be a law to ban flag burning

Question 24

Mapp v Ohio

Answer 24

Evidence illegally gathered by the police may not be used in criminal trial

Question 25

Gideon v wainwright

Answer 25

Persons charged with a crime have a right to an attorney even if the cannot afford one

Question 26

Miranda v Arizona

Answer 26

Court describes warning that police must give to arrested people