Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Political Science > Test 3 > Flashcards

Test 3 Flashcards

You may prefer our related Brainscape-certified flashcards:
Biology 101 flashcards
1
Q

yates vs US

A
  • similar to dennis vs US
  • govt brought charges against 14 communists for conspiring to advocate overthrow
  • court overturned convictions and ended prosecution
  • distinction of belief vs action
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

near vs minnesota

A
  • prior restraint/censorship
  • minnesota public nuisance law prohibits “malicious, scandalous, and defamatory” newspapers
  • state convicts
  • SCOTUS overturns 5-4
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

atkins vs virginia

A
  • reversed precedent and holds execution of mentally ill persons as cruel and unusual
  • by this time 17 states outlawed “national consensus”
  • atkins had iq of 59, what constitutes disabled?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

pottowatomie vs earls

A
  • students in extracurriculars must be drug tested
  • could be tested anytime school was suspicious
  • court upheld 5-4
  • reasonable means to address legitimate concern
  • schools have custodial role
  • mandatory vaccinations and physicals
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

katz vs US

A
  • individuals have a reasonable expectation of privacy
  • person must exhibit expectation of privacy
  • greatest privacy at home
  • some places lack expectation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

snyder vs phelps

A
  • westboro baptist church protests at military funeral
  • right to protest upheld 8-1
  • related to issues of interest to society at large
  • did not disrupt funerals
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

edwards vs aguillard

A
  • can state require genesis story to be taught with evolution to treat them balanced
  • religious in nature, cannot be done in public schools
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

oregon vs smith

A
  • natives smoking peyote during worship denied unemployment for drug use
  • state does not need to make exception for religious conduct
  • laws must apply equally to all, being generally applicable
  • overturned sherbert vs verner
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

brandenburg vs ohio

A
  • overturned conviction of KKK leader
  • established incitement standard
  • distinguishes (force?) as an abstract doctrine vs actual incitement to use force (unprotected)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

schneck vs US established what first amendment test?

A

clear and present danger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

which case allowed state to refuse scholarship to a religion major?

A

locke vs davey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what are the specific parts of the miranda warning?

A

right to remain silent, statements can be used against you, right to an attorney, these rights can be waived

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what was upheld in snyder vs phelps

A

peaceful protest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

how did dickerson vs US add to miranda rules

A

US constitution requires miranda warnings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

why did the court uphold conviction in US vs obrien

A

o’ brien burned draft card in protest of war

-gov has compelling interest in draft, outweighs first amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

why was protest upheld in tinker vs des moines

A

students wore arm bands, were peaceful

-were not disruptive of learning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

texas vs johnson concerned what 1st amendment issue

A

burning the US flag as protest

-upheld 5-4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what is the confrontation clause?

A

persons right to confront accuser

  • maryland vs craig
  • not required all the time but important
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what does the constitution say about search warrants

A

must describe a place or thing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what are the theories of the establishment clause

A
  • strict separation
  • gov neutrality theory
  • gov must be neutral in religion cases
  • gov accommodation
  • relationship between church and state must be nurtured
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

who was james otis

A
  • defended americans against unjust search of brits

- famous defense of privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what did the court do to campaign finance limits in citizens united vs FEC

A

5-4 gov may not ban political spending by corporations in candidate elections

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

is it legal to possess child pornography?

A

no, CP prevention act of 1996

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what is the NY times vs sullivan rule for public officials suing for libel

A

public official who alleges libel must prove it to sue for damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

what are actual vs simple malice

A

actual: defamatory falsehood made “knowingly, deliberately, and maliciously”
simple: defamatory falsehood made in good faith

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

how do we amend the constitution

A
  • congress proposes 2/3 or constitution convention

- 3/4 states ratify

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

burwell vs hobby lobby ruling

A
  • religious freedom > government ACA rules
  • allowed to not provide types of contraceptives
  • ACA required employers to give contraception that may go against beliefs
28
Q

what is obscenity test from miller vs cali? what is the roth standard?

A
  • avg person would find work prurient
  • avg person finds it depicts sexual conduct in a potentially offensive way
  • avg person finds it lacking serious literary, artistic, political, or scientific value
29
Q

once a defendant exercises his miranda rights how long until police can question him again

A

2 weeks

30
Q

which case upheld use of school vouchers

A

zelman vs simmons-harris

-program is neutral and provides choice among alternatives

31
Q

who was joseph mccarthy? mccarthy era?

A
  • senator who attacked people for being communists
  • used senate as a place to make accusations
  • congress passes laws aimed at communists and subversives
  • crime to organize teach/talk of overthrowing gov
32
Q

what was the ruling in santa fe vs doe

A

schools connot hold prayer led by a school official

-prayer carries sponsorship of school which extends to gov endorsement

33
Q

what was the ruling of lee vs weisman

A

is establishment clause violated when a clergyman delivers invocation and benediction at a high school commencement without voluntary attendence?
-students shouldnt have to choose between commencement and participating in religious activity

34
Q

what does oregon vs smith say about exemptions to general laws?

A

state does not need to make exemption for religious conduct

35
Q

why has the SCOTUS upheld creationism being taught unconstitutional

A

it is religious in nature

36
Q

what group has been involved in the most free exercise cases

A

jehovahs witnesses, 72 cases

37
Q

identify ruling in sherbert vs werner

A

gov must show compelling interest before limiting freedom of religion

38
Q

identify the ruling in widmar vs vincent

A

university cant deny religious groups facilities based on speech

39
Q

identify the ruling in locke vs davey

A

state can withhold religion major scholarships

-state funds prohibited for religious use

40
Q

what are the parts of the lemon test

A

in order for aid to be permissible: purpose must be secular, effect on religion must be neutral, must not entangle church and state

41
Q

what was the memorial and remonstrance against religious assessment about

A
  • by james madison
  • part of successful campaign opposing general/state tax
  • would support teachers of all christian denominations in virginia
42
Q

what does double jeopardy mean? when is it irrelevant?

A
  • may not be tried twice for the same crime in same jurisdiction
  • can be retried in state/federal court
  • does not prevent use of some punishments
  • does not apply to case of mistrial
43
Q

what do we mean by a wall of separation

A
  • gov and church should offer no aid to each other of any kind
  • coined by madison and jefferson
44
Q

massachusetts vs melendez diaz

A
  • does defendant have 6th amendment right to confront in court affiants of forensic evidence?
  • yes they are testimonial statements concerning facts
45
Q

what establishment theory relates to james madison

A

strict separation theory

46
Q

what does kansas vs hendricks allow a state to do regarding sexual predators

A

lock them up after they serve sentence

-not punishment

47
Q

how long do police have to wait to question suspect about a different matter after invoking miranda rights

A

14 days

48
Q

since gregg vs georgia what requirements must death penalty laws have

A 
bifurcated trial
-separate trial and punishment 
jury must consider aggravates and mitigators
-was the murder heinous?
-age, mental state of defendant
49
Q

what are the top 3 execution states? by what method?

A
  • texas, virginia, oklahoma

- by lethal injection

50
Q

what are preemptory challenges? when are they not used?

A

attorney can remove juror for unspecified reason during selection with a certain number on each side
-not to be used based on race/gender

51
Q

which case upheld victim impact statements in sentencing?

A

payne vs tennessee

52
Q

what was the result of furman vs georgia

A

struck down georgia death penalty law for being arbitrary and capricious

53
Q

what was ruling of atkins vs virginia

A

struck down execution of mentally retarded

54
Q

what was ruling of roper vs simmons

A

banned execution of minors

55
Q

kennedy vs louisiana

A

death penalty not appropriate if life wasnt taken

-even for devastating crimes

56
Q

gideon vs wainwright incorporated what right

A

right to counsel when imprisonment is possible

57
Q

what is a batson challenge

A

objection that preemptory challenge was used on a basis of race

58
Q

what did scotus say about ten commandments in van orden vs perry and mccreary county vs aclu?

A

•van orden vs perry
-statue of ten commandments is one of many on grounds of texas capitol, not a religious statement
•mccreary county vs aclu
-poster of 10 commandments in county courthouse violates establishment clause

59
Q

compare dennis vs US and yates vs US

A

upheld/struck down communist convictions

  • yates: used belief vs action
  • dennis: sliding scale, gravity of evil
60
Q

what is the exclusionary rule

A

evidence seized in violation of 4th amendment is not permissible in trial

61
Q

what is probable cause rule

A

reasonable grounds of wrongdoing

-incapable of precise definitions or percentages

62
Q

expectation of privacy rule

A

individual must exhibit, must be recognized by society

63
Q

search incident, stop frisk, automobile exception

A

•search incidents to arrest
-area within arestees control is searchable after lawful of rest for safety and saving evidence
•stop and frisk
-authorized pat down searches of outer clothes based on reasonable suspicion
•automobile exception
-search extends to whole car if based on probable cause
-motorhome=automobile
-search of passengers and belongings
-dog search is ok
-passengers are “seized”

64
Q

arizona vs grant

A

constrained search incident, must be relevant to crime

65
Q

riley vs california

A

no warrantless search of phones

66
Q

kate vs US

A

warrant required for wiretapping, reasonable expectation

Political Science (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions