Civics Chapter 6 Review

Question 0

Establishment Clause

Answer 0

Used in 1st amendment stating that congress has no right to establish religion. Also a separation between church and state.

Question 1

How many rights are protected in the 1st amendment?

Answer 1

5. The right to petition the government, the freedom of speech, the freedom of religion, the freedom of press, & the freedom of assembly.

Question 2

Free exercise clause

Answer 2

In the first amendment referring to religion. The US government cannot prevent exercise of religion unless it is harmful to your or others health or safety.

Question 3

Limits on practicing you religion

Answer 3

The government can limit practices of religion if it’s deemed unlawful or threatening.

Question 4

Separation of church and state.

Answer 4

There shall not be religion interfering with state matters or public education.

Question 5

Unprotected speech (Speech not protected by the 1st amendment)

Answer 5

Fighting words. Seditious speech (advocates overthrowing the governments). Advocacy of imminent lawless action and lawless behavior likely to cause violation of law before an officer can be summoned. Also defamatory speech.

Question 6

Defamatory speech

Answer 6

Defamatory speech (damaging to a persons reputation). Libel defamation: printed. Slander defamation: spoken.

Question 7

The tests of free speech used by the Supreme Court

Answer 7

Clear and present danger, tendency, balancing, incitement, imminent lawlessness action.

Question 8

Clear and Present Danger

Answer 8

Older. Case: Schenk vs. US Ruling: if speech presents danger congress may stop it

Question 9

Tendency

Answer 9

(1925) Cass: Gitlow vs. N.Y. Speech could be limited if a tendency to lead to illegal action.

Question 10

Balancing

Answer 10

Balance rights to freely express against need to maintain order

Question 11

Incitement

Answer 11

Speech can be prohibited when it is intended to incite lawlessness.

Question 12

Imminent lawless action

Answer 12

Speech is not protected by the first amendment if it is likely to cause violation of the law more quickly than an officer could be summoned.

Question 13

Rights of the accused

Answer 13

Write of habeas Corpus, Bill of Attainder, ex post facto law

Question 14

Writ of habeas corpus

Answer 14

Order from a court to a law enforcement agency to release a person in jail to determine whether he or she has been legally detained

Question 15

Bill of attainder

Answer 15

Legislative act that declares a person guilty and gives out punishment without a court trial

Question 16

Ex post facto law

Answer 16

Law that punishes somewhat for a crime committed before the act was considered a crime

Question 17

Eminent domain

Answer 17

The government cannot take your land unless it pays

Question 18

Due process of law

Answer 18

Procedural due process: the way people are treated when arrest is fair.
Content/substance due process: laws are fair constitutional

Question 19

Double jeopardy

Answer 19

Being placed in trial twice for the same crime

Question 20

Miranda warning

Answer 20

Requires officer to state upon arrest “you have the right to remain silent”

Question 21

Amendment process

Answer 21

The way in which changes are added to the constitution. Amendments must be approved by both national and state levels (national first)

Question 22

Plead the fifth

Answer 22

The right to remain silent/not to testify against yourself

Question 23

Skokie case outcome

Answer 23

Neo Nazis were allowed to march and didn’t have to pay insurance to march.

Question 24

Tinker case outcome

Answer 24

The armbands were okay because they were symbols representing speech

Question 25

Exclusionary law

Answer 25

Evidence seized in an improper search can not be used in courts

Question 26

Probable cause

Answer 26

Information from a reliable cause. Most show what’s us to be searched or seized. Must be served. Must not exceed the scope of the warrant

Question 27

Mapp v Ohio

Answer 27

Dealt with unfair search and seizures

Question 28

Escobedo v IL

Answer 28

Testified against himself, was denied his attorney when he asked

Question 29

Miranda v HZ

Answer 29

Wasn’t aware he/she had the right to remain silent

Question 30

Gideon v Wainwright

Answer 30

Denied an attorney at trial (because he couldn’t afford one)

Question 31

Geral v Gault

Answer 31

Kid was tried with severe punishment

Question 32

Tinker v Desmoines

Answer 32

Kids wearing armbands, free speech

Question 33

2nd amendment

Answer 33

The right to hear arms. Debates doing on now…

Question 34

3rd amendment

Answer 34

The government cannot force you to shelter soldiers in your house without consent

Question 35

4th amendment

Answer 35

Search and seizures

Question 36

5th amendment

Answer 36

Can’t be tried for the same crime twice. Don’t have to testify against yourself (plead the fifth). You must have due process of law before you are convicted. The government cannot take your land unless they pays (eminent domain). Grand jury: indicated (formally accused of a crime)

Question 37

6th amendment

Answer 37

The right to a speedy and public trial. The right to be informed of the charges against you. Must be provided with a lawyer if you cannot afford one.

Question 38

7th amendment

Answer 38

Deals with civil cases (ie divorce)

Question 39

8th amendment

Answer 39

No excessive bail. No cruel and unusual punishment.

Question 40

9th amendment

Answer 40

Unenumerated rights. Rights be listed in the bill of rights or constitution go to the people

Question 41

10th amendment

Answer 41

Powers reserved to the states. Powers not listed in the constitution go to the states