gov ch 8-10 test Flashcards

(32 cards)

1
Q

Are our rights absolute?

A

No
- cases such as yelling bomb in an airport, or fire in a movie theater, etc

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2
Q

What’s the first amendment?

A

Freedom of Religion, Speech and the Press: The Right to Assemble and Petition

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3
Q

What’s the second amendment?

A

The Right to Bear Arms

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4
Q

What’s the third amendment?

A

Housing soldiers/quartering soldiers

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5
Q

What’s the fourth amendment?

A

Searches, Seizure and Warrants
- search warrants, probable cause

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6
Q

What’s the fifth amendment?

A
  • Persons cannot be made to testify against themselves in a criminal trial.
  • cannot be tried for the same crime twice
  • peoples property cannot be taken away
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7
Q

What’s the sixth amendment?

A

Rights to a Fair Trial
-right to speedy/public trial
- jury
-right to lawyer
-no double jeopardy
-> one try to convict someone thats it

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8
Q

What’s the seventh amendment?

A

Rights in a Civil Trial

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9
Q

What’s the eighth amendment

A

no excessive fines/bails or cruel/unusual punishments

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10
Q

What are civil rights

A

rights of fair and equal status and treatment and the right to participate in gov
- right to vote, protection against discrimination

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11
Q

what are civil liberties

A

basic freedoms
- protection of gov,
- speech, guns, religion, etc

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12
Q

14th amendment

A

caused the bill of rights to slowly start applying to all states

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13
Q

what amendment is the due process clause under

A

the 14th (no state shall deprieve any person of life liberty or property w/o due process of law”
- bill of rights applies to all states

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14
Q

what is the establishment clause

A

gov cant create an official religion
- sep of church and state

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15
Q

what is free exercise clause

A

guarantees each person the right to hold any religious beliefs they choose

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16
Q

does the free exercise clause have limits

A

yes - polygamy, illegal drugs, etc)

17
Q

Does the gov tend to ban hate speech

18
Q

written name for defamation

19
Q

spoken name for defamation

20
Q

defamation

A

publishes false statements abt someone to ruin their rep
- has to be w “actual malice”

21
Q

what case can speech be unprotected

A

speech inciting immediate and likely lawless action

22
Q

limits to protesting

A
  • cant break law and cant be on private prop
  • need permit, cant make excessive noise
23
Q

what is exclusionary rule

A

evidence obtained illegally and cannot be used PERIOD

24
Q

exceptions to search warrants

A

consent, plain view, arrested person, reasonable suspicion

25
what is the right to privacy inferred from
1, 3, 4, 5 amendment
26
procedural due process
questioning legal procedures (did the police, court, gov follow correct steps_
27
substantive due process
questioning if what law says is fair (supreme court overturning laws they saw law is unfair)
28
civil law
private disputes between people, over property, or relationships
29
criminal law
deals w/ crimes and their punishments (law was broken)
30
what can the gov force you to give when arrested
blood or fingerprints
31
Miranda rights
5th amendment, dont have to self incriminate or testify in court
32
habeas corpus
gov cant hold u in jail indefinitely, must go to a judge and be charged w a crime or they have to let u go