POl 101 SOL 2 – Flashcards
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Civil liberties are the protection we have that guarantee our equality as residents of the U.S.
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False
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The first ten Amendments to the Constitution are also know as the
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bill of rights
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the protections we known as civil liberties, including the freedom of religion, were included in the
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Bill of rights First ten amendments to the constitution
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..........................were an important addition to the constitution as a means of limiting the potential abuse of power by the new national government.
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Civil Liberties
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which of the following are Not protected by the First Amendment (aways capitalized)?
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Freedom of education
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Christianity in the legally recognized unofficial religion of the United States.
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False
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Based on the Establishment Clause in the .................people in the U.S. can create any religion they choose to.
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First Amendment
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which of the following present possible Establishment Clause issues?
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+ Display of religions symbols on public property + Tax payer support of Catholic schools + Prayer in public schools + Special tax programs for churches
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According to the First Amendment, it is okay for an individual judge in a city court house to display the Ten Commandments in his court room.
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False
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Which of the following was included in the original Constitution, limiting the power of the national government.
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+ Protection against ex post facto laws + Protection against bills of attainder + The right of habeas corpus
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the right to appear in court and question the government detention of an individual is known as
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Habeas Corpus
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For a time, it was believe that the protection in the Bill of Rights were established to limit abuse by the national government (congress, the Executive, etc.) only.
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True
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The terms ''federal'' government and ''national'' government refer to completely different governments.
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False
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Beginning in the late 1800s, the Supreme Court began interpreting the Constitution to ....................... various civil liberties and their application to state and local governments (reversing earlier decisions that applied them only to the national government).
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Duly prosess Selectively incorporate (not sure which one)
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The opinion that emerged among the Supreme Court that here are certain rights and freedoms that fundamentally those of people living in the U.S. was in large part a result of application of the ............... clause.
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Due Process Free Exercise (not sure which one)
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The constitutional principle of ..................... holds that people have a basic right to be treated fairly by government.
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Due process
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The Establishment Clause is applied to adults and children in exactly the same way.
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False
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According to the lemon case, government agencies and actors are supposed to avoid ................. with religious organizations.
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Excessive entanglements
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The First Amendment has how many clauses protecting freedom of religion?
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Two
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How people practice their religious beliefs, including prayers, services, donations, etc., are all protected from government abuse based on the
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Free exercise clause Religious freedom clause (Not sure which one)
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The federal and state governments can never punish a person for something they do based on their religious beliefs.
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False
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According to the Supreme Court, the Free exercise clause permits government to regulate practices based on one's religion.
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It must be a law that applies generally and does not target a particular religion. But it must have a compelling government interest to protect.
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The government can target religious practices that are not consistent with the traditional religious of the founding fathers.
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False
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Which of the following behaviors or actions could probably be regulated by government despite the Free Exercise Clause?
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Child abuse Illegal drug use Domestic violence
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The Supreme Court ruled in .................... that the right to bear arms according to the Second Amendment is an individual right.
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D.C.v Heller
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For many years, the right to bear arms was closely linked to the ................. part of the second amendment.
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Well regulated militia
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The right to bear arms is protected by the second amendment.
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True
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If a state wanted to pass a law allowing former felons to bear arms it could.
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True
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If the police believe you may be in possession of evidence of a crime and that you may destroy it before they can obtain a warrant they can search you without a warrant.
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True
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The .............. amendment protects people from unreasonable searches by police.
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Fourth
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unreasonable searches by the authorities are prohibited in large part because
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The power to search can be easily abused People have a general expectation of privacy The British routinely searches colonists with no evidence
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If there are no emergency conditions present, law enforcement officers should obtain a .............. before conducting a search.
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Warrant
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According to the constitution. Search warrants should be based on ................. cause.
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Probable
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If, during an encounter with law enforcement, evidence or contraband are visible or otherwise available to the senses, an individual may be searched and the evidence seized.
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True
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The complications and complexities of Fourth Amendment law are primarily the product of (the)
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Judicial branch
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Evidence that is collected unlawfully or is the result of an unlawful search can be thrown out as evidence in court (not used against the suspect or accused) based on the
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Exclusionary rule
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Censorship
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Government control of television content Any government agency controlling what is published in a newspaper Any government agency published someone for something they say
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The right to ''free speech'' is protected by the
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First Amendment
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Freedom pf ''speech'' is now synonymous with the idea of
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freedom of expression
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Today, protected free speech might include
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Burning an American flag Wearing a protest button Posting anti-government ideas on your Facebook page Symbolic speech
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Government can regulate speech under the First Amendment if the speech in question
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If the speech expresses hate toward an elected official Can lead to a clear and present danger to public safety If the speech can lead to imminent lawless action
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You can be sued in court (a government institution) and win an award (enforceable by the law) if you ....................... an individual (say something publicly that causes another person harm).
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Slander defame
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....................... is when you write, publish, or post, something that you don't know to be true, and cause harm to another's reputation.
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libel
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There is a clear cut and nationally accepted ''community standard'' to determine what obscenity is.
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False
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Based on the Miller case, something is obscene if
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It is patently offensive according to an applicable state law It lack any artistic value
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Government can restrict speech in general according to the following.
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Place Time Manner
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Freedom of press is closely associated with freedom of speech and
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The right to investigate government The right to inform the public
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Based on Supreme Court cased, the right to free speech is not absolute, even symbolic speech that substantially interferes with the rights of others can be regulated by government.
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True
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Which of the following could be considered a form of ''expression'' protected by the First Amendment?
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Wearing an arm band or pin Writing a story Wearing tape over ones eyes or mouth
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Protests and demonstrations in public places are protected by the right to ..................... in the First Amendment.
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Revolt
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The right to protest on public can be regulated by government based on
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Time issues The method or manner of protest Location or Place
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Most public protests or demonstrations would require obtaining a permit from the appropriate government agency.
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True
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The right of citizens and residents of the United States to make demands of government, to criticize elected officials and hold them accountable, falls under the right to .................... in the First Amendment.
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Petition Government
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If a person is found not guilty of a crime by a jury they can be charged and tried later if new evidence is found of their guilt.
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False
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The ..................... clause of the Fifth Amendment is there to stop government (law enforcement and the courts) from harassing people with accusations and trials with no end is sight.
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Double jeopardy
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There is a provision in the Fifth Amendment intended to protect people from torture or other means of compulsion to obtain confessions.
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True
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when accused of a crime and being questioned by the police or in court, an individual can invoke the ..................., thereby claiming that they do not have to testify against themselves.
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Fifth Amendment
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One of the most important due process rights in the constitution is the necessity for suspect to be informed of their rights by law enforcement officers based on their
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Miranda Rights
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The so-called Miranda rights include being informed of
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The right to an attorney The right to remain silent The right to exercise the protection against self-incrimination
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The sixth Amendment contains provisions regarding the following
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The right to a speedy trial The right to an impartial jury The right to have your trial open to the public
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The Sixth Amendment guarantees defendants a jury of their peers.
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False
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The right to have your family, friend, the press, attend your trial is based on your right to
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A public trial
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According to the Sixth Amendment suspects or the accused have the right to know
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The nature of the accusations Which lawyer to hire What they are being charged with
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If a suspect has an alibi, someone who can clear them, but the alibi is afraid of testifying, they can ................... them to appear in court based on the 6th Amendment
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Compel
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A subpoena is a court order that forces people to appear in court to testify based on the
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Sixth Amendment
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The right to counsel is the right to a lawyer
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True
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If a defendant can't afford a lawyer or counsel, under the Sixth Amendment they may qualify
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Public defender
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The Supreme Court has only played a minor role in interpreting the right of the accused.
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False
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When you are accused of a crime, ................ can be forced into court to testify based on the Sixth Amendment.
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Police officers Alibis Witnesses
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The Death Penalty has been ruled and banned as unconstitutional in all 50 states.
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False
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The death penalty has been legal in the U.S. since the colonial period.
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False
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Issues and laws related to torture and capital punishment fall under the
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Eighth Amendment
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A women's right to reproductive rights is primarily based on the Supreme Court case
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Roe v. Wade
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Abortion rights in the United States have divided the nation over the following issues.
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The interests of the state The right to life Privacy right of women
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The Right to Privacy is found specifically in the Constitution.
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False
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The Supreme Court has developed the right to privacy by
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Interpreting the Constitution broadly Congressional action
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Legalized abortion rights are a permanent right for women in the United States (it can never be taken away).
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False