Units 4

Question 1

Civil liberties
& where they are formally set down

Answer 1

The constitutional and other legal protections against government actions.
Our civil liberties are formally set down in the Bill of Rights

Question 2

The constitutional and other legal protections against government actions. Formally set down in the Bill of rights

Answer 2

Civil liberties

Question 3

Bill of Rights

Answer 3

The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants’ rights

Question 4

The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants’ rights

Answer 4

Bill of Rights

Question 5

Who is the final interpreter of the content & scope of our liberties

Answer 5

Supreme court

Question 6

Who has the power to interpret the Constitution?

Answer 6

Supreme court

Question 7

First amendment

Answer 7

Protects the fourth great liberties: freedom of religion, freedom of speech, freedom of the press and freedom of assembly

Question 8

Protects the fourth great liberties: freedom of religion, freedom of speech, freedom of the press and freedom of assembly

Answer 8

First amendment

Question 9

14th amendment

Answer 9

No state shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law

Question 10

No state shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law

Answer 10

14th amendment

Question 11

Due process clause

Answer 11

Part of the 14th amendment guaranteeing that people cannot be deprived of life, liberty, or property by the US or state governments without due process of law

Question 12

Part of the 14th amendment guaranteeing that people cannot be deprived of life, liberty, or property by the US or state governments without due process of law

Answer 12

Due process clause

Question 13

Incorporation doctrine

Answer 13

The legal concept under which the Supreme Court has nationalized the bill of Rights by making most of its provisions applicable to the states through the 14th amendment

Question 14

The legal concept under which the Supreme Court has nationalized the bill of Rights by making most of its provisions applicable to the states through the 14th amendment

Answer 14

Incorporation doctrine

Question 15

Establishment clause

Answer 15

Part of the first amendment stating that Congress shall make no law respecting an establishment of religion 

Question 16

Part of the first amendment stating that Congress shall make no law respecting an establishment of religion

Answer 16

Establishment clause

Question 17

Free exercise clause

Answer 17

First amendment provision that prohibits the government from interfering with the practice of religion


Question 18

First amendment provision that prohibits the government from interfering with the practice of religion

Answer 18

Free exercise clause

Question 19

Lemon test

Answer 19

The conditions under which the government can aid church related schools 

Question 20

The conditions under which the government can aid church related schools

Answer 20

Lemon test

Question 21

Engel v. Vitale

Answer 21

The 1962 Supreme Court decision holding that state officials violated the first amendment when they required that a prayer should be recited by public school children 

Question 22

The 1962 Supreme Court decision holding that state officials violated the first amendment when they required that a prayer should be recited by public school children

Answer 22

Engel v vitale

Question 23

Prior restraint

Answer 23

Government actions that prevent material from being published. Prior restraint is usually prohibited by the first amendment.

Question 24

Government actions that prevent material from being published. It is usually prohibited by the first amendment.

Answer 24

Prior restraint

Question 25

Shenck v. United States

Answer 25

The 1919 Supreme Court decision upholding the conviction of a socialist, who had urged resistance to the draft during World War I. Justice Holmes decided that government can limit speech if speech provokes “a clear and present danger”

Question 26

The 1919 Supreme Court decision upholding the conviction of a socialist, who had urged resistance to the draft during World War I. Justice Holmes decided that government can limit speech if speech provokes “a clear and present danger”

Answer 26

Shenck v. United States

Question 27

Libel

Answer 27

The publication of false and malicious statements that may damage someone’s reputation

Question 28

The publication of false and malicious statements that may damage someone’s reputation

Answer 28

Libel

Question 29

Symbolic speech

Answer 29

Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protected under the first amendment.

Question 30

Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protected under the first amendment.

Answer 30

Symbolic speech

Question 31

Commercial speech

Answer 31

Communication in the form of advertising, which can be restricted more than other types of speech

Question 32

Communication in the form of advertising, which can be restricted more than other types of speech

Answer 32

Commercial speech

Question 33

Probable cause

Answer 33

Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have probable cause 

Question 34

Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have this

Answer 34

Probable cause

Question 35

Exclusionary rule

Answer 35

The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional matter. The rule prohibits the use of evidence obtained through unreasonable search and seizure.

Question 36

The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional matter. The rule prohibits the use of evidence obtained through unreasonable search and seizure.

Answer 36

Exclusionary rule

Question 37

Fifth amendment

Answer 37

Design to protect the rights of people accused of crimes. It provides protection against double Jeopardy, self incermination, and punishment, without due process of law. 

Question 38

Design to protect the rights of people accused of crimes. It provides protection against double Jeopardy, self incermination, and punishment, without due process of law.

Answer 38

Fifth amendment

Question 39

Self incrimination

Answer 39

Being a witness against oneself. The fifth amendment forbids involuntary self incrimination.

Question 40

Being a witness against oneself. The fifth amendment forbids involuntary self incrimination.

Answer 40

Self incrimination 

Question 41

Sixth amendment

Answer 41

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. 

Question 42

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Answer 42

Sixth amendment

Question 43

Gideon v. Wainwright

Answer 43

The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone accused who is too poor to afford one. 

Question 44

The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone accused who is too poor to afford one.

Answer 44

Gideon v Wainwright 

Question 45

Plea-bargaining

Answer 45

A bargain stuck between a defendant’s lawyer and a prosecutor that the defendant will plead guilty to a lesser crime in exchange for the states’ promise not to prosecute the defendant for a more serious crime

Question 46

A bargain stuck between a defendant’s lawyer and a prosecutor that the defendant will plead guilty to a lesser crime in exchange for the states’ promise not to prosecute the defendant for a more serious crime

Answer 46

Plea-bargaining

Question 47

Eighth amendment

Answer 47

The constitutional amendment that forbids cruel and unusual punishment 

Question 48

The constitutional amendment that forbids cruel and unusual punishment

Answer 48

Eighth amendment

Question 49

Tinker v Des Moines Independent school district

Answer 49

Black armbands to oppose the Vietnam war Freedom of speech, symbolic speech

Question 50

Black armbands to oppose the Vietnam war Freedom of speech, symbolic speech

Answer 50

Tinker v Des Moines Independent school district

Question 51

McDonald v. Chicago

Answer 51

Georgia banned guns even though the second amendment protects guns If the second amendment applies to state governments

Question 52

Wisconsin v Yoder

Answer 52

Amish people didn’t want to attend school past 8th grade due to religious purposes Free exercise of religion

Question 53

Amish people didn’t want to attend school past 8th grade due to religious purposes Free exercise of religion

Answer 53

Wisconsin v Yoder

Question 54

Schenk v United States

Answer 54

Schenk created Socialist party during war and was convicted for violating the Espionage Act Free speech

Question 55

created Socialist party during war and was convicted for violating the Espionage Act Free speech

Answer 55

Schenck v. United States

Question 56

Espionage act

Answer 56

Makes it a crime to be disloyal or refuse participation or duty in the military or to obtain information relating to America’s national defense with the intent to use it

Question 57

Makes it a crime to be disloyal or refuse participation or duty in the military

Answer 57

Espionage act

Question 58

New York Times co. vs U.S

Answer 58

Newspaper published classified reports during the Vietnam war and ran the risk of violating the espionage act Freedom of press

Question 59

Newspaper published classified reports during the Vietnam war and ran the risk of violating the espionage act Freedom of press

Answer 59

New York times co. v. US

Question 60

Fourteenth amendment

Answer 60

Equal protection under law for all

Question 61

Equal protection under law for all

Answer 61

Fourteenth amendment

Question 62

Mcculloch v Maryland

Answer 62

Congress established a national bank Maryland taxed the bank and said it was unconditional National bank is “necessary and proper” in order to carry out enumerated powers -necessary and proper clause, implied powers, commerce clause

Question 63

Congress established a national bank Maryland taxed the bank and said it was unconditional National bank is “necessary and proper” in order to carry out enumerated powers -necessary and proper clause, implied powers, commerce clause

Answer 63

Mcculloch v Maryland

Question 64

United States v. Lopez

Answer 64

Lopez walked into school carrying a weapon Charged with violating federal law: Gun Free School Zones Act Lopez challenged court stating that schools were controlled by state governments, not the federal government Ruled that congress overstepped its power under the commerce clause

Question 65

Lopez walked into school carrying a weapon Charged with violating federal law: Gun Free School Zones Act Lopez challenged court stating that schools were controlled by state governments, not the federal government Ruled that congress overstepped its power under the commerce clause

Answer 65

United States v Lopez