Unit 3 Test

Question 1

Weeks vs United States

Answer 1

• Exclusionary rule on the federal level

- Evidence gathered illegally can not be used in a court of law

Question 2

Mapp vs Ohio

Answer 2

Applied the exclusionary rule to the state

Question 3

Katz vs United States

Answer 3

The fourth amendment protects people not just places

Question 4

T.L.O. vs New Jersey

Answer 4

Reasonable suspicion

Question 5

California vs Greenwood

Answer 5

Reasonable expectation of privacy

Question 6

Vernonia School District vs Acton

Answer 6

Random drug testing was allowed in schools

Question 7

Lemon vs Kurtzman

Answer 7

Lemon Test

1) A secular or non religious purpose
2) Either helped or hurt the religion
3) Not result in “excessive entanglement” of the government and the religion

Question 8

Engel vs Vitale

Answer 8

Established prayer in school is unconstitutional

Question 9

Texas vs Johnson

Answer 9

Flag burning is constitutional if it has a political purpose

Question 10

Brandenburg vs Ohio

Answer 10

Imminent lawless actions

Question 11

Miller vs California

Answer 11

Obscenity law standards

1) contemporary community standards
2) states can conduct their own state laws
3) lacks value

Question 12

Near vs Minnesota

Answer 12

Court developed the doctrine of prior restraint

Question 13

NY Times vs Sullivan

Answer 13

Public officials are held to higher standards

Question 14

Feiner vs New York

Answer 14

Speech can be stopped if it starts a riot

Question 15

Affidavit

Answer 15

A formally sworn statement

Question 16

Bail

Answer 16

Money or other security given to obtain an arrestol persons release from legal custody, which is forfeited if the individual subsequently fails to appear before the court for trial

Question 17

Capital Punishment

Answer 17

The use of the death penalty by a judicial system

Question 18

Cruel and Unusual Punishment

Answer 18

A criminal sanction or penalty that is not in accord with the moral standards of a humane and compassionate society. The 8th amendment prohibits such punishments

Question 19

Double Jeopardy

Answer 19

The provision in the 5th amendment to the U.S. constitution that a person may not be tried twice for the same crime

Question 20

Establishment Clause

Answer 20

The part of the first amendment that prohibits government from declaring an official religion

Question 21

Exclusionary Clause

Answer 21

The rule established by the U.S. supreme court that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in trial

Question 22

Free Exercise Clause

Answer 22

The part of the first amendment stating that congress shall make no laws that prevent people from holding whatever religious beliefs they choose or that unfairly or unreasonably limit the right to practice religious beliefs

Question 23

Grand Jury

Answer 23

A panel of jurors designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to the warrant trials

Question 24

Indictment

Answer 24

A formal charge by a grand jury accusing a person of having committed a crime

Question 25

Libel

Answer 25

Published words or pictures that falsely and maliciously defame a person

Question 26

Plea Agreement

Answer 26

Pleading guilty to a lesser crime than that charged by a prosecuter

Question 27

Probable Cause

Answer 27

Reasonable grounds for presuming that a crime has been or is in the process pf being committed. Provided for in the fourth amendment

Question 28

Right Against Self-Incrimination

Answer 28

A guarantee found in the 5th amendment against being compelled in only criminal case to be a witness against oneself

Question 29

Right to Assemble

Answer 29

The right or legal claim provided for in the first amendment that allows people to meet to discuss and express their beliefs, ideas, or feelings, especially in a political context

Question 30

Right to Counsel

Answer 30

Part of the right to a fair trial, allowing for the defendant to be assisted by an attorney, and if the defendant cannot afford counsel, requiring that they state appoint an attorney or pay the defendants legal fees

Question 31

Right to Petition

Answer 31

The legal claim that allows citizens to urge their government to correct its wrongs and injustices or to take some other action

Question 32

Search

Answer 32

Intrusion into someones privacy

Question 33

Seizure

Answer 33

Interference with a persons property or freedom of movement

Question 34

Separation of Church and State

Answer 34

Citizens having a right to any religion but states government cant favor one specific religion

Question 35

Warrant

Answer 35

A document issued by a judge that authorized law enforcement officers to carry out a search

Question 36

Civil Liberties

Answer 36

Freedom of speech/religion/press/assembly/unreasonable search and seizure

Question 37

Civil Rights

Answer 37

Right to due process/trial by jury/legal counsel/to vote/petition the government

Question 38

Incorporation

Answer 38

Process by which the supreme court applies the Bill of Rights to states through the due process clause og the 14th amendment

Question 39

Prior Restraint

Answer 39

An attempt by government to prevent the publication/broadcast of material