Chapter 4 & 5

Question 1

Bill of Attainder

Answer 1

an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial

Question 2

6th Amendment

Answer 2

Right to a speedy trial

Question 3

14th Amendment

Answer 3

addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War

Question 4

Establishment clause

Answer 4

the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress

Question 5

Fighting words

Answer 5

words expressing an insult, especially of an ethnic, racial, or sexist nature

Question 6

Symbolic speech

Answer 6

in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it

Question 7

Political speech

Answer 7

Expressions which comment on government action rather than the private conduct of an individual

Question 8

Hate speech

Answer 8

attacks a person or group on the basis of attributes such as gender, ethnic origin, religion, race, disability, or sexual orientation

Question 9

Libel

Answer 9

a published false statement that is damaging to a person’s reputation; a written defamation.

Question 10

Slander

Answer 10

the action or crime of making a false spoken statement damaging to a person’s reputation.

Question 11

Lemon test

Answer 11

which is used to asses whether a law violates the Establishment Clause.

Question 12

Habeas corpus

Answer 12

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.

Question 13

Exclusionary rule

Answer 13

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Question 14

Tinker v Des Moines Independent school district

Answer 14

that the students had the right to wear armbands to school to protest the Vietnam War.

Question 15

Abington School District v Schempp

Answer 15

that legally or officially mandated Bible reading or prayer in public schools is unconstitutional.

Question 16

Gideon v Wainwright

Answer 16

the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves.

Question 17

Lawrence v Texas

Answer 17

ruled that state laws banning homosexual sodomy are unconstitutional as a violation of the right to privacy

Question 18

Roth v US

Answer 18

Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendmen

Question 19

Near v Minnesota

Answer 19

that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence.

Question 20

Barron v Baltimore

Answer 20

The Court established a precedent that the United States Bill of Rights could not be applied to state governments.

Question 21

Mapp v. Ohio

Answer 21

landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against “unreasonable searches and seizures,” may not be used in state law criminal prosecutions in state courts, as .

Question 22

Miranda rights

Answer 22

is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal …

Question 23

Alien and Sedition Act

Answer 23

These laws included new powers to deport foreigners as well as making it harder for new immigrants to vote.

Question 24

Espionage Act

Answer 24

which prohibited many forms of speech, including “any disloyal, profane, scurrilous, or abusive language about the form of government of the United States … or the flag of the United States, or the .

Question 25

USA Patriot Act

Answer 25

The 107th Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Interfere and Obstruct Terrorism Act

Question 26

Military Commission Act of 2006

Answer 26

to authorize trial by military commission for violations of the law of war, and for other purpose

Question 27

Concept of undue burden

Answer 27

Laws that break fundamental laws

Question 28

Substantive due process

Answer 28

is a principle allowing courts to protect certain rights deemed fundamental from government interference, even where procedural protections are present or where those rights are not specifically mentioned elsewhere in the constitution

Question 29

Procedural Due Process

Answer 29

legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property

Question 30

Self incrimination

Answer 30

is the act of exposing oneself (generally, by making a statement) “to an accusation or charge of crime; to involve oneself or another [person] in a criminal prosecution or the danger thereof.”

Question 31

Stop and frisk policy

Answer 31

is when police temporarily detain somebody and pat down their outer clothing when there are specific articulable facts leading a reasonable police officer to believe a person is armed and dangerous.

Question 32

Double jeopardy

Answer 32

the prosecution of a person twice for the same offense.

Question 33

Plaintiff

Answer 33

a person who brings a case against another in a court of law

Question 34

Enemy combatants

Answer 34

is a term referring to a person who, either lawfully or unlawfully, directly engages in hostilities for an enemy state or non-state actor in an armed conflict. Prior to 2008, the definition was: “Any person in an armed conflict who could be properly detained under the laws and customs of war.”

Question 35

Penumbra

Answer 35

describing implied powers of the federal government.

Question 36

School vouchers

Answer 36

government-funded voucher redeemable for tuition fees at a school other than the public school that a student could attend free.