multiple choice February 10 Flashcards
what are civil liberties
certain rights and freedoms protected from infringements of the gov
what is civil rigths
protections from discrimination as a member of a particular group
what is the bill of rights
first 10 amendments of the constitution and lists fundamental rights and freedoms
what was the anti federalist view regarding a bill of rights
you have to have the bill of rights listed as a protection against a strong national gov
what was the federalist view regarding the bill of rights
a bill of rights would be dangerous because you can think of everything
what levels of gov did the federal bill of rights initially apply to
only the national gov
is selective incorporation
applying the bill of rights to states on a cases by case basis
which supreme court case was selective incorporation first used? how?
gitlow vs new york it was the first case they applied the bill of rights to states
which constitutional amendment laid the foundation to extend the bill of rights to the states
14
what is the due process clause
no state can deny a person life, liberty, or property without due process of law
what is the establishment clause
no national religion
what is the free exercise clause
protection of rights to extercise and express your religious beliefs
what was decided in the supreme court case of Engle vs Vitale
you can’t have prayer said aloud in school
what is the current status of prayer in public schools
no pray during instructional time but religious clubs are okay
is the “lemon test”
set guidelines to make sure you cant have taxes to pay for
what was decided in the supreme court case of Wisconsin vs yoder
you cant use mandatory school attendence to make Amish students attend high school
what was decided in the supreme court case of schenck vs US
the clear and present danger test the gov can limit certain types of speech
what was decided in the supreme court case of NYT vs US
the printed documents because they couldnt prove “prior restraint” gov stopping press from piublishing
what was decided in the supreme court case of Brandenburg vs ohio
free speech is alound unless it called for em init lawless action that is likely to occur
what was decided in the supreme court case of tinker vs Des Moines independent community schools
students have protected speech at school unless proven to disrupt function
what is libel? what is Slander?
Slander is spoken lies
libel is verbal lies
what was decided in the supreme court case of NYT vs Sullivan
press is protected from lawsuits unless making deliberately false statements
what is hate Speech
speech with no purpose except discrimination toward a group by race gender ECT…
what was the standard obscenity for roth vs US
groups have constitution rigths to meet even if it is unpopular
what did the supreme court decide regarding freedom of assembly in the case of dejonge vs oregon
gen bans in home are unconstitutional anywhere in the us
what is a warrent
document signed by a judge authorizing a search
what is probable clause
reasonable suspicion that a crime has been commited
what is exclusionary rule from the supreme court case map vs ohio
evidence obtained with no warrent isn’t admissible in court
what is grand jury
a group of citizens who decided if there is enough evidence to charge someone with a crime
double Jeopardy
protects someone from being charged with the same crime again in the same jurisdiction (you cant go back on trial fro something you already went on for and found not guilty)
what are Miranda rights from the case from the supreme court case Miranda vs Arizona
rights that people have such as right to remain silent and right to attorny that police must say.
what was decided in the supreme court case Gideon vs wainwright
if someone cant afford an attorney states have to appoint someone
what is bail and how is bail discussed in the 8th amendment to the constitution
the amount of money a person has to pay that they will show up In court it says “people won’t have excessive bail
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what supreme court ruled in regards to the death penalty
itself its not cruel and usual but certain methods and situations are restricted.
what has the supreme court ruled in regards to privacy in the case of griswold was Connecticut
used 9th amendment as a right to privacy
what has the supreme court ruled regarding sexual conduct between consenting adults in the case of Lawrence vs Texas
under 14th amendment states cant criminalize sexual conduct between consenting adults in home
what was decided in the supreme court case roe vs wade
women had the right o abortion nation wide in first 2 trimesters
what is bill of attainder
you cant have someone guilty of a crime without a trial
what is an ex post facto law
you cannot be arrested for something that was legal when you did it
what is writ of habeas corpus
a doc that sets out the reasons your arrested
what is the 4th amendment
search and seizure and warrants
what is 6th amendment
right to be confronted with witness against them and have people testify against him or her
and speedy and public trial
is 8th amendment
prohibits excessive bail and no cruel and excessive punishment
what is 9th amendment
citizens have rights beyond bill or rights
people have implied rights
what is 10th amendment
any power not specifically give to the nation gov or denied to the states goes to the states
what is the 5th amendment
no one should be deprived of life liberty or property
