Exam #5

Question 1

Miller Test

Answer 1

The average person, applying contemporary community standards, would find the work taken as whole appeals to prurient interest and depicts sexual conduct in a “patently offensive way” work lacks “serious literary, artistic, political or scientific value”

Question 2

RAV v. City of St. Paul, Mn

Answer 2

SCOTUS struck down the ordinance as both underinclusive and overinclusive (overturned cross burning)

Question 3

Virginia v. Black

Answer 3

SCOTUS upheld the law if no presumption of intimidation

Question 4

Snyder v. Phelps

Answer 4

SCOUTS ruled that the first amendment prohibited the imposition of civil liability upon a church and its members who picketed the funeral of a slain Marine

Question 5

Libel/Slander

Answer 5

Falsely defaming a person’s character

Libel = written
Slander= oral

Question 6

New York Times v. Sullivan

Answer 6

Court ruled that public officials mush show “actual malice”

Question 7

What is the fourth amendment?

Answer 7

“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures…”

Question 8

Kyllo v. U.S.

Answer 8

Thermal imaging device

Question 9

Illinois v. Caballes

Answer 9

Dog sniff during traffic stop

Question 10

Florida v. Jardines

Answer 10

Dog sniff of person’s home

Question 11

United States v. Jones

Answer 11

GPS attached to bottom of car

Question 12

Exceptions to the fourth amendment

Answer 12

1. Search incident to an arrest
2. Plain view doctrine
3. Stop and frisk
4. Consent
5. Automobile Searches
6. Administrative searches

Question 13

Exclusionary rule

Answer 13

Unlawful evidence should not be used against the defendant in the prosecutors case

Question 14

Cases from the exclusionary rule

Answer 14

1. U.S v. Weeks
2. Wolf v. Colorado
   - Incorporation case
3. Mapp v. Ohio
   - Court rules only time that exclusionary rule applies in all state cases

Question 15

Miranda v. Arizona

Answer 15

1. In-custody Interrogation
2. Written by Chief Justice Warren
3. Court ruled that Miranda’s constitutional rights were not violated in obtaining the confession

Question 16

Gideon v. Wainwright

Answer 16

1. was denied an attorney
2. Court ruled in favor of Gideon guaranteeing the right to legal counsel for criminal defendants in federal and state courts

Question 17

Reapportionment

Answer 17

Distribution of U.S. seats among the 50 states

Question 18

Gerrymandering

Answer 18

Court closing their eyes

Question 19

Electoral college

Answer 19

the body that elects the president and vice president every four years

Question 20

How does the electoral college work?

Answer 20

Number of electors each state has equals the size of its delegation in congress

Question 21

What is the majority number required in the electrical college

Answer 21

270

Question 22

What happens if the candidate doesn’t win the majority?

Answer 22

The election is thrown into house

Question 23

How many times had the candidate not won a majority vote?
When did the candidate not win the majority vote?

Answer 23

This happened twice. In the 1800 and 1824 elections

Question 24

Pros of the electoral college

Answer 24

• Preserves federalism
• Maintain two-party system
• Allows presidential mandates

Question 25

Cons of the electoral college

Answer 25

• More popular candidates might lose
• Over represents small states
  Hurts third parties
• Decreases voter turnout

Question 26

Reform Proposals

Answer 26

1. Automatic Plan
2. Proportional Plan
3. District Plan
4. Direct Election
5. National Popular Vote Interstate Compact