Spreme Court Test Flashcards

1
Q

What are Civil Liberties?

A

Freedoms

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2
Q

What are Civil Rights?

A

That to which everyone is entitled equally.

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3
Q

Freedom of speech is a civil ____

A

liberty

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4
Q

What 4 forms of speech are not given automatic protection?

A
  1. Libel
  2. Obscenity
  3. Symbolic Speech
  4. False Advertising
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5
Q

What is libel?

A

a written statement that defames the character of another .

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6
Q

What is Slander?

A

An oral statement that defames the character of another.

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7
Q

When is obscenity protected?

3 cases

A
when it has:
1. literary
2. Artistic
3. Scientific 
Value.
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8
Q

When is obscenity not protected?

2 cases

A
  1. has no serious interest

2. violates community standards

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9
Q

When can’t the government restrict symbolic speech?

A

If it’s motive is to do anything but restrict speech.

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10
Q

When false advertising is concerned there are more limits on what kind of ads?

A

commercial than non-commercial.

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11
Q

Freedom of religion is what a civil…

A

liberty

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12
Q

what does free exercise of religion mean?

A

You can practice any religion or religious ritual that does not harm another.

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13
Q

Government can’t pass laws that _______ blank a ________ religion

A
  1. restrict

2. particular

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14
Q

Government can allow religious practices that appear to be what?

A

preferential.

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15
Q

What is the establishment clause?

A

A separation between church and state

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16
Q

what restriction does the government have on religion?

A

They can’t spend money on a certain religion.

17
Q

The government still provides what for religious groups?

A

Services! (fire department, police, etc)

18
Q

What religious practice not allowed in schools?

When can the school allow it?

A
  1. Prayer

2. If it is initiated by a student.

19
Q

What can the government do with religion?

A
  1. can be involved in religion if its a secular purpose.
  2. the primary effect hither hinders nor advances religion.
  3. doesn’t foster excessive entanglement with government and religion.
20
Q

Crime and Due Process is a civil…

A

Liberty!

21
Q
  1. What is the Exclusionary rule?

2. What Supreme Court Case had to do with this rule?

A
  1. Courts interpretation of weather evidence can be excluded or included in trial.
  2. Mapp v. Ohio
22
Q

What rules/steps apply to things in plain sight when a house is seized?
(3 things)

A
  1. warrant is issued for suspected illegal activity
  2. police see something else that is not what the warrant was officially for, in plain sight.
  3. this can be seized, and used as evidence.
23
Q

What is reasonable evidence?

A

Anything within your immediate control.

24
Q

What is self incrimination?

A

testifying against yourself.

25
Q

What does the terrorism-patriot act allow the government to do?
what do they need to do these things?
when?

A
  1. tap telephones and internet line
  2. read email
  3. listen to and record voicemail
    just a court order, not a warrant.
    before or after the fact.
26
Q

Amendment 14 is…

A

Gives all citizens equal protection.

27
Q

De facto Segregation

A

Segregation by lifestyle

28
Q

De Jure Segragatoin

A

Segregation by law

29
Q

Affirmative Action is

A

Action usually in education or employment which advantages a group to make up for previous discrimination against them.

30
Q

Number of Justices on the Supreme Court

A

9 right now, but it is not limited how many can be on it.

31
Q

the term of a justice

A

life on good behavior.

32
Q

Judicial Review

A

The S.C. has the power to declare laws unconstitutional.

33
Q

How many justices for a writ of cert?

A

4

34
Q

A Supreme Court will hear what cases? (4)

A
  1. Must be a constitutional issue.
  2. Case with state v. state opposition (gay marriage)
  3. Case with state v. federal government opposition (marijuana)
  4. 2 courts who rule in opposite ways.
35
Q

Strict Constructionism

A

Judge is ruling based on what is written in the Constitution.

36
Q

Activist

A

Judge interprets the words of the Constitution – underlying principles are interpreted.

37
Q

What original jurisdiction can the S.C. rule on? (4)

A
  1. Two or more states
  2. The US v. a state
  3. Foreign ambassadors and other diplomats
  4. A state and a citizen of a different state (begun by state)
38
Q

What original jurisdiction does the US District Courts have? (7)

A
  1. Fed crimes
  2. Civil suits under fed law
  3. civil suits between citizens and different states with amount over 75grand
  4. Admiralty and maritime disputes
  5. Bankruptcy
  6. Review of actions of fed. administrative agencies
  7. other matters assigned to them by congress.