PoliSci Chpt 4 – Flashcards
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In Roe v. Wade(1973), one of the most significant Supreme Court rulings of the twentieth century, the majority of the court cited the right to privacy to protect a woman's right to a(n)
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abortion
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According to the Fourteenth Amendment, we are all entitled to certain civil liberties under the Equal Protection Clause. This means that
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you cannot be legally discriminated against.
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Civil liberties provide all citizens with fundamental liberties such as freedom of speech, although none of these rights is absolute. Where would you find freedom of speech in the U.S. Constitution
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The Bill of Rights
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The First Amendment of the Constitution guarantees citizens all of the following civil protections EXCEPT
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calling for violent revolution
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It's a myth that significant numbers of guilty people go free by exercising their right to ______ when questioned by police
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remain silent
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The right to privacy recently has been extended to support the rights of adults to
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engage in sex with individuals of the same gender
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Freedom of speech is guaranteed by the First Amendment, but that guarantee is not absolute. Which of the following kinds of speech is NOT protected by the Constitution
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Hate speech
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As editor of the weekly campus paper, you need to decide whether or not to print an article that's highly critical of a senator from your state. Can you print the article without legal repercussion?
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Yes, freedom of the press is protected by the First Amendment
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The right to privacy is implicitly written into the Constitution. Which of the following rights to privacy is NOT protected
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Privacy of the voting records of members of Congress
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The American Civil Liberties Union group on your campus has organized a protest against capital punishment. What civil liberties issue are they basing their protest on?
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The Eighth Amendment's prohibition against cruel and unusual punishment
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While criminal suspects may confess to a crime of their own free will, they are protected against coerced or forced confessions, something known as
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compelled self-incrimination
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When you asked your roommate if he ate your leftover pizza, he responded that he pleads the Fifth. What Fifth-Amendment right is he invoking?
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He is avoiding self-incrimination
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You may read one of the many political blogs on the Web. The right to publish opinions critical of the government flows from __________________, the supreme law of the United States
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the U.S. Constitution
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WikiLeaks released classified documents about the Afghanistan War. The U.S. government tried to stop this information from being published. If the government had been successful, what would this be called?
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Prior restraint
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The most common civil liberty used daily by the citizens of advanced industrial societies, such as England, Sweden, Germany, and the United States, is
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free speech
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When the national anthem is sung at the start of a baseball game, are you required by law to salute the flag?
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no due to the first amendment
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In most cases, law-enforcement officials cannot enter your home without your permission. They need an order from a judge authorizing the search, which is called a(n)
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a warrent
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Civil liberties set limits on government's powers to control the lyrics in songs
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True
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Criminal suspects have the right to a speedy trial.
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True
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The Constitution guarantees freedom of religion.
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True
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According to the Constitution, a person is protected from being searched by the police
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False
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There is no amendment in the Constitution that expressly guarantees your privacy
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True
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According to the Constitution you can legally hold a demonstration or protest even if it criticizes the government
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True
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In most cases the government can prevent certain information or viewpoints from being published.
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False
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Were an employer to test your religious faith at a job interview, she would be in violation of the First Amendment
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True
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First Amendment
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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Second Amendment
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Right to keep and bear arms
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Which activity would not be covered under the free exercise clause of the First Amendment
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Not complying with neutral and general laws
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The U.S. Supreme Court has upheld the use of symbolic speech by students except in the case of
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holding up a banner that said "Bong Hits for Jesus" on the sidewalk outside a high school.
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Capital punishment represents the primary battleground for debating the meaning of
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the Eighth-Amendment prohibition against cruel and unusual punishment
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Constitutional protections against self-incrimination and prohibitions on double jeopardy can be found in the
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Fifth Amendment
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The Constitutional-interpretation perspective which prohibits the government from providing support for religion and associated activities, is usually referred to as
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separationist.
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The test used to determine the constitutionality of state activities in the context of the establishment clause is known as the
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Lemon Test
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The Supreme Court has ruled that all of the following violate the establishment clause EXCEPT
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posting the Ten Commandments inside a courthouse.
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In protecting freedom of speech, the courts have historically
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viewed limits on free speech rights suspiciously
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With respect to freedom of speech, the U.S. Supreme Court's 1919 decision in Schenck v. United States case set what important precedent?
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The clear and present danger test
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The U.S. Supreme Court doctrine that allows the government to prohibit and prosecute expressions that constitute insults likely to provoke violence of an immediate breach of the peace is known as
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the fighting words doctrine
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The constitutionality of prior restraint was challenged in the case of
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New York Times Company v. United States
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Which of the following statements about reporter's privilege is true
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While some states have passed shield laws, federal courts have refused to recognize a constitutional privilege nationwide
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A judicial order authorizing a search or arrest as required by the Fourth Amendment is known as a
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warrent
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The expansion of the exclusionary rule to all police officers throughout the nation was enacted as a result of the U.S. Supreme Court's decision in the case of
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Mapp v. Ohio.
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Double jeopardy refers to prohibitions against
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being tried twice for the same crime
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The Supreme Court has interpreted the Sixth Amendment guarantee of a "speedy trial" as meaning a trial
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within an unspecified period of time
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Until 1968, the right to a trial by jury in the United States applied only to
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federal trials
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A proceeding in which the verdict is determined by a judge without a jury is known as a
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bench trial
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Since Roe v. Wade, abortion rights
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have largely been upheld, though the Supreme Court has narrowed them slightly by permitting some state regulations
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Roe v. Wade blocked states from
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prohibiting or severely restricting abortion
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The right to privacy is explicitly protected in the Bill of Rights
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False
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The courts have rejected attempts by the government to impose limits on free speech by requiring that speech acts take place at a reasonable time, place, and manner
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false
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Obscenity is considered constitutionally protected free expression
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false
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In its 2003 decision in Lawrence v. Texas, the U.S. Supreme Court declared laws that criminalize homosexual behavior to be unconstitutional
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true
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Trials leading to death-penalty convictions have been shown to be virtually error free
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false
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Until 1968, it was not mandatory that defendants in state trials be allowed a trial by
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jury
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According to the Supreme Court, written or spoken words are considered obscene if they violate
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community standards
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Which of the following is NOT a right guaranteed by the Sixth Amendment
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The right to remain silent
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The _____ clause can be characterized as providing freedom from religion
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establishment
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The Supreme Court considers all of the following to be examples of constitutionally protected "free exercise" of religion EXCEPT
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prayer read by students over the loudspeaker before public-school sporting events.
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The potential for tension between the establishment clause and the free-exercise clause is demonstrated by questions about
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prayer in public schools
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The test used to determine if government restrictions on free speech acts are constitutional is the
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clear and present danger test
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In the context of constitutional law, prior restraint refers to laws intended to
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prevent the publication of sensitive information.
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A slim majority of Supreme Court justices ruled that burning the flag is protected by Constitution because it is a form of __________ speech.
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symbolic
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The exclusionary rule was first applied in the case of
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Weeks v. United States
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The exclusionary rule excludes
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evidence that was improperly obtained from being used in court
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The right of a defendant to be in the courtroom when someone testifies against him or her is generally referred to as the right of
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confrontation
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In ___________, the defense attorney arranges with the prosecuting attorney for the defendant to present himself or herself as guilty in exchange for a lighter sentence.
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plea-barganing
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All of the following are government restrictions on free speech that have been ruled constitutional by the Supreme Court EXCEPT
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preventing speech that is overly critical of government officials
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The theory that the First, Third, Fourth, and Fifth Amendments establish a "zone of privacy " was first articulated by Justice William Douglas in the case of
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Griswold v. Connecticut.
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In its reexamination of the Roe v. Wade decision in Planned Parenthood v. Casey (1992), the Supreme Court majority
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affirmed the basic decision in Roe v. Wade, while allowing for state abortion regulations that do not pose an quot;undue burden" on women's choices.
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Which of the following cases does NOT deal with First-Amendment protections of freedom of speech?
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Mapp v. Ohio
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Which of the following types of evidence would NOT be ruled out on the basis of the exclusionary rule
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Evidence obtained through a traffic stop without the consent of the driver
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The vast majority of criminal convictions do not involve an actual trial
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true
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Between 1972 and 1976, the death penalty was suspended in the United States
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true
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Political speech is subject to greater restrictions than other forms of speech
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false
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The Second Amendment provides protection against illegal search and seizure.
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false
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Reporters who refuse to cooperate with criminal investigations by discussing their sources have sometimes been charged with contempt of court
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true
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The Supreme Court has upheld the right of the state of Texas to keep a Ten Commandments monument on the grounds of the state capitol
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true
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Commercial speech is subject to more regulation than political speech
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true