question

Civil liberties are

answer

PERSONAL FREEDOMS that the government cannot take away

question

The Bill of Rights is made up of the first

answer

10 amendments to the U.S. Constitution

question

Which clause prevents the national government from sanctioning an official religion?

answer

ESTABLISHMENT

question

Which rule bars the use of illegally seized evidence at trial?

answer

EXCLUSIONARY

question

Which U.S. Supreme Court case found that a woman's right to have an abortion is protected by the implied constitutional right to privacy?

answer

ROE v. WADE

question

Selective incorporation makes the protections from the Bill of Rights applicable to the states through which of the following amendments?

answer

14TH

question

Article I of the Constitution prohibits which of the following, which make an act punishable as a crime even if the act was legal which it was committed?

answer

EX POST FACTO laws

question

A false written statement is LIBEL;

answer

the same statement spoken aloud is SLANDER

question

Which amendment protects the right to bear arms?

answer

2ND

question

The Constitution protects against search of an individual's person, home or vehicle without

answer

A WARRANT

question

What does the Sixth Amendment guarantee to those accused of a crime?

answer

ASSISTANCE OF COUNSEL

question

Today, the United States is the only western country to use which of the following to punish crime?

answer

DEATH PENALTY

question

What did Abington School District v. Schempp find to be unconstitutional?

answer

STATE-MANDATED BIBLE READING

question

The free exercise clause guarantees that the national government will not interfere with which of the following?

answer

RELIGION

question

Profanity, obscenity, and threats are examples of which of the following?

answer

FIGHTING WORDS

question

According to Table 4.1, How Has Selective Incorporation Made the Bill of Rights Applicable to the States, which of the constitutional amendments was the first to be incorporated and applied to the states?

answer

1ST

question

Which of the following generally is unconstitutional in school?

answer

PRAYER

question

According to Justice Blackmun, a woman had which type of right to an abortion in her first trimester?

answer

AN ABSOLUTE RIGHT

question

In 2004, the Supreme Court ruled that detainees have a right to which of the following?

answer

HABEAS CORPUS

question

The doctrine of prior restraint prevents the government from prohibiting speech or publication

answer

BEFORE THE FACT

question

In Near v. Minnesota, the Supreme Court further developed which of the following?

answer

INCORPORATION DOCTRINE

question

Which test examines the constitutionality of religious establishments?

answer

LEMON

question

Miranda rights include the right to which of the following?

answer

COUNSEL

question

The USA PATRIOT Act enhances the government's ability to do which of the following?

answer

EXAMINE PRIVATE RECORDS

question

Which Supreme Court case developed the exclusionary rule?

answer

MAPP vs. OHIO

question

The Supreme Court has ruled that states can limit abortions if the regulations do not pose which of the following?

answer

AN UNDUE BURDEN

question

The Supreme Court briefly outlawed which of the following in the 1970s by asserting that it was being imposed in an arbitrary manner?

answer

CAPITAL PUNISHMENT

question

What kind of speech is by its very utterance intended to inflict injury or incite an immediate breach of peace?

answer

FIGHTING WORDS

question

What type of due process protects citizens from arbitrary or unjust state or federal laws?

answer

SUBSTANTIVE

question

The Supreme Court has used selective incorporation to

answer

LIMIT the rights of states.

question

The Sixth Amendment sets out basis requirements for which type of due process?

answer

PROCEDURAL

question

In matters of religion, the free exercise clause protects individuals from which of the following?

answer

GOVERNMENTAL INTRUSION

question

New York Times Co. v. Sullivan held that there must be proof of which of the following in order to find libel against a public figure?

answer

ACTUAL MALICE

question

In which case did the Supreme Court first recognize the exclusionary rule, which bars the use of illegally seized evidence at trial?

answer

WEEKS vs. U.S.

question

In what year did the Supreme Court first rule that the use of confessions obtained after physical beatings were unconstitutional?

answer

1936

question

Which Supreme Court case upheld the National Firearms Act, which imposed taxes on some kinds of weapons?

answer

U.S. v. MILLER

question

The USA PATRIOT ACT expands an exception found in which amendment to allow spying?

answer

4TH

question

The "right to remain silent" is a citizen's protection against which of the following?

answer

SELF-INCRIMINATION

question

If a police officer has a reasonable belief that someone is committing or about to commit a crime, the officer can stop and frisk the suspect without

answer

A WARRANT

question

The double jeopardy clause prevents an individual who is acquitted of a crime from which of the following?

answer

BEING TRIED AGAIN

question

Which of the following is an example of procedural due process?

answer

the right to a speedy trial

question

The prohibition on cruel and unusual punishment comes from which of the following?

answer

English common law

question

Which of the following created the right to privacy?

answer

the judiciary

question

In Barron v. Baltimore, the Supreme Court held that the Bill of Rights limits FEDERAL, not

answer

STATE, action

question

Shouting profanities in public is an example of FIGHTING WORDS

answer

which is not protected speech

question

In recent years, the Supreme Court has struggled to address

answer

OBSCENTY on the Internet in a First Amendment context

question

What is the most common form of firearm regulation?

answer

concealed carry restrictions

question

Convicted criminals whose sentences increase during their prison term due to a change in the law have been illegally subjected to what kind of law?

answer

Ex Post Facto

question

Which of the following is responsible for determining whether enough evidence exists to support a conviction against a criminal defendant?

answer

Jury

question

Substantive due process created a standard whereby the states have a legal burden to prove that their laws were which of the following?

answer

A valid exercise of power

question

What do proponents of the Guantanamo Bay detention facility call its prisoners?

answer

Enemy Combatants

question

Although the speech in question was suppressed, the Court in Gitlow v. New York held that not all forms of POLITICAL SPEECH

answer

can be limited

question

Which of the following best explains the rationale for the selective incorporation of freedom of assembly?

answer

It is a fundamental freedom essential to order, liberty, and justice

question

Which of the following rights has the Supreme Court found to be one of the penumbra of unstated liberties linked to explicitly stated rights?

answer

Right to Privacy

question

The Alien and Sedition Acts are an example of what kind of law?

answer

Prior Restraint

question

During World War I, the Supreme Court upheld the Espionage Act by ruling that Congress has a right to restrict speech that

answer

creates a clear and present danger

question

The Military Commission Act of 2006 allows the government to jail detainees without an opportunity to file which of the following?

answer

a writ of habeas corpus

question

Which of the following emanates from a "penumbra" and not an explicitly stated constitutional right?

answer

the right of a person to have access to contraceptives

question

One prong of the Lemon test is that the law has a

answer

LEGITIMATE secular purpose

question

In the 1970s, the Supreme Court ended

answer

THE DEATH PENALTY because it was being imposed arbitrarily, but it was later reinstated

question

The WARREN Court, named after the Chief Justice presiding over the U.S. Supreme Court

answer

at the time, supported laws that deterred police misconduct.

question

FIGHTING WORDS

answer

include profanity, obscenity, and threats

question

An early effort to define OBSCENITY

answer

focused on whether the material had any serious literary, artistic, political, or scientific value

question

The 6TH Amendment

answer

ensures the right of a criminal defendant to confront witnesses at trial

question

MIRANDA

answer

rights include the right to remain silent

question

One of the arguments that the death penalty is cruel and unusual punishment is that it is applied disproportionately to

answer

AFRICAN AMERICANS

question

Prior restraint is a constitutional doctrine that prevents the government from prohibiting speech or publication

answer

BEFORE the fact

question

The Supreme Court has interpreted the Second Amendment to protect an individual's right to own

answer

A FIREARM

question

The USA PATRIOT Act provides the government with methods for circumventing restrictions on

answer

SEARCH AND SEIZURE

question

An article accusing Barack Obama of being a drug addict is an example of

answer

LIBEL

question

Under Roe v. Wade, a woman could legally seek an abortion freely during her

answer

1ST trimester

GOV Chapter 4 Civil Liberties – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards