government EXAM chapter 4 – Flashcards
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civil liberties are ______ that the government cannot take awat
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personal freedoms
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the bill of rights is made up of the first ______ amendments to the US constitution
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10
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which clause prevents the national government from sanctioning an official religion?
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establishment
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which rule bars the use of illegally seized evidence at trial?
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exclusionary
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selective incorporation makes the protections from the bill of rights applicable to the states through what amendment
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14th
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article 1 of the constitution prohibits what, which makes an act punishable as a crime even if the act wad legal when it was committed
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ex post facto laws
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a false written statement is _______; the same statement spoken aloud is _______
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libel, slander
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what amendment protects the right to bear arms
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2nd
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the constitution protects against search of an individuals person, home, or vehicle without _______
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a warrant
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what does the 6th amendment guarantee to those accused of a crime
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assistance of counsel
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Today, the US is the only western country to use which to punish crime?
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death penalty
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the free excursive clause guarantees that the national government will not interfere with that
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religion
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profanity, obscenity, and threats are examples of what
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fighting words
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what is generally unconstitutional in school
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prayer
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the doctrine of prior restraint prevents the government from prohibiting speech or publication _______
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before the fact
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which test examines the constitutionality of religious establishments
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lemon
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miranda rights include the right to what
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counsel
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the USA Patriot act enhances the governments ability to do what
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examine private records
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what kind of speech by its very utterances is intended to inflict injury or incite an immediate breach of peace
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fighting words
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what type of due process protects citizens from arbitrary or unjust state or federal laws
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substantive
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the supreme court has used selective incorporation to _______ the rights of states
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limit
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in matters of religion, the free exercise clause protects individuals from what
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government intrusion
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the right to remain silent is a citizens protection against what
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self incrimination
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if a police officer has a reasonable belief that someone is committing or able to commit a crime, that officer can stop and frisk the suspect without _______
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a warrant
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the double jeopardy clause prevents an individual who is acquitted of a crime from which of the following
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being tried again
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what is procedural due process
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the right to a speedy trial
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the prohibition on cruel and unusual punishment comes from what
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english common law
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what is the most common form of firearm regulation
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concealed carry restrictions
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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
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ex post facto
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what is responsible for determining whether enough evidence exists to support a conviction against a criminal defendant
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jury
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substantive due process created a standard whereby the states had a legal burden to prove that their laws were which
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a valid exercise of power
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although the speech in question was suppressed, the court in Gitlow v New York held that not all forms of ______ can be limited
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political speech
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during WWI, the supreme court upheld the espionage act by ruling that congress has a right to restrict speech that ______
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creates a clear and present danger
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what created the right to privacy
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the judiciary
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in recent years, the supreme court has struggled to address ______ on the internet in a 1st amendment context
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obscenity
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shouting profanities in public is an example of ______, which is not protected speech
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fighting words
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the ______ amendment ensures the right of a criminal defendant to confront witnesses at trial
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6
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the ______ amendment ensures the right of a criminal defendant to remain silent in order to avoid self incrimination
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5
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______ are government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals
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civil liberties
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yelling fire in a crowded theater is a classic example of speech that creates q
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clear and present danger
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any communication that belittles a person on the basis of characteristics if known as
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hate speech
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______ are personal freedoms that government cannot abridge by law, constitution, or judicial interpretation
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civil rights
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an interpretation of the constitution holding that the due process clause of the 14th amendment requires state and local governments to guarantee rights stated in the bill of rights is known as the ______ doctrine
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incorporation doctrine
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the ______ is the first clause of the 1st amendment that directs the national government not to sanction an official religion
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establishment clause
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a law declaring an act illegal without a judicial trial is known as a ______
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bill of attainder
