Rest of Civil Liberties Assessment

Question 1

Loopholes in federal gun laws

Answer 1

1. Gun show loophole - Unlicensed dealers not required to run background checks
2. Charleston loophole - Can sell to customers if check not completed within 72 hours

Question 2

Is it illegal for magazines over 10 bullets to be sold?

Answer 2

From 1994-2004 it was, but not rn

Question 3

Pro-life:

Answer 3

what do they specifically believe (based on more specific issues of abortion i.e. gestation periods, fetal rights, etc.)

Question 4

Pro-choice:

Question 5

Undue Burden Test

Answer 5

States can regulate abortion ONLY if it does not pose a “substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.” and is intended to protect mother (but no proof needed)
Comes from Planned Parenthood v. Casey
Viability = 23-24 weeks

Question 6

Termination of medical treatment and right to choose sexual partners

Answer 6

• Engaging in sexual activity in home = right of liberty, homosexuals can legally do so
• Same rights as heterosexual couples
• Termination of medical treatment even if = death only if:
  a. Patient is competent
  b. Person trying to get treatment to stop has proof the person would have wanted this
  c. Person wins legal battle if person wanting this or not is not clear

Question 7

Where does privacy come from Constitutionally?

Answer 7

1st Amendment Freedom of Association (itself comes from freedom of assembly)
3rd Amendment Freedom from Quartering soldiers (during times of peace)
4th Amendment freedom from unreasonable searches and seizures
5th Amendment protection from self-incrimination (cannot be compelled to testify and answer questions, right to remain silent)
9th Amendment Assurance of rights not explicit in BOR
14th Amendment Due Process Clause allows rights to protect against state and removal of life, liberty, and property = invasion of privacy

Question 8

4th Amendment protects:

Answer 8

“Persons, houses, papers, and effects” PHPE
Their property, private documents, and personal belongings from unreasonable search and seizure

Question 9

How is a warrant obtained?

Answer 9

Submit an affidavit/specific facts person swears are truthful by oath in front of authorized person w/signature and acknowledgement that if wrong you get prosecuted to judge/magistrate, must contain enough facts to establish probable cause

Question 10

Probable cause definition and types of evidence

Answer 10

Reasonable belief based on facts of criminal activity
1. Observational evidence - Based on observations from senses
2. Circumstantial evidence - Evidence that only works when viewed with other evidence
3. Evidence of expertise - Evidence from officer expertise (ex. officer recognizes robbery style and connects to criminal previously arrested for it)
4. Evidence of information - Evidence form information (ex. anonymous tip)

Question 11

Define: Right of expectation of privacy

Answer 11

In certain areas there is a right to expect greater privacy/protections from unwarranted searches (such as at home) than others (in cars via automobile exception)

Question 12

Due Process

Answer 12

14th Amendment ensured to states, fair opportunity to defend oneself in trial

Question 13

Indigent

Answer 13

Impoverished (in criminal trials) as not to be able to afford a lawyer

Question 14

Miranda Law

Answer 14

People must be informed of 5th and 6th amendment rights (right to remain silent and attorney) if they want to perform an interrogation

Question 15

Truncated Government

Answer 15

Executive + one house of congress controlled by one party

Question 16

Unified Governments

Answer 16

Executive + both legislative houses controlled by 1 government

Question 17

Divided Government

Answer 17

Executive and legislative (entire legislative controlled by one party) split between parties

Question 18

NRA

Answer 18

National Rifle Association - 18 long guns, 21 for handguns

Question 19

8th Amendment

Answer 19

No cruel and unusual punishment or excessive fines or bail

Question 20

Reasonable suspicion is enough to search if:

Answer 20

Automobile exception/reasonable expectation of privacy (ex. garbage in back of house, but if in front ready to take away asking government to take away,
Schools (but not by police officers)
Don’t need to show warrant if can show in court that they would have gotten one

Question 21

5th Amendment

Answer 21

Double jeopardy, self-incrimination, grand jury, due process, eminent domain

Question 22

6th Amendment

Answer 22

Speedy trial, public trial, obtaining witnesses, confronted witnesses, trial by jury (6 AND 7) informed of accusation, assistance of counsel

Question 23

1st Amendment

Answer 23

Freedom of Assembly

Question 24

3rd Amendment

Answer 24

Quartering Soldiers

Question 25

9th Amendment

Answer 25

Unenumerated Rights

Question 26

Strict Scrutiny test

Answer 26

Roe v. Wade, trimesters, abt government compelling interest
1st trimester cannot regulate, mother privacy > gov. interest
2nd can for health of mother, life of mother = gov. interest
3rd can ban and regulate if mother doesn’t die, life of newborn = gov. interest
3rd trimester starts after 28 weeks

Question 27

Perjury

Answer 27

Standard felony
Lying in court

Question 28

Affidavit

Answer 28

Specific facts person swears are truthful by oath in front of authorized person w/signature and acknowledgement that if wrong you get prosecuted

Question 29

13th amendment

Answer 29

Abolished slavery except prisoners

Question 30

15th amendment

Answer 30

cant disenfranchise on race, previous servitude, color

Question 31

19th amendment

Answer 31

cant stop the vote based on sex