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In what part of the Constitution are the basic rights of citizens guaranteed?
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Which amendment paved the way for a major expansion of individual rights by the due process clause?
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Government Ch 13-15
Liberty and Justice for All
| Question | Answer |
|---|---|
| In what part of the Constitution are the basic rights of citizens guaranteed? | Bill of Rights |
| Which amendment paved the way for a major expansion of individual rights by the due process clause? | 14th Amendment |
| Which amendment nationalized the Bill of Rights as well as the first ten amendments giving all the same basic rights? | 14th Amendment |
| What forbids Congress from passing legislation to establish a single religion for the United States? | Establishment Clause |
| Under what three conditions has the Court ruled state aid to parochial schools is Constitutional? | Nonreligious purpose neither advance nor prohibit religions avoids excessive government entanglement |
| Can states ban the teaching of evolution? | No |
| Can religious freedom justify behavior that violates laws protecting the community? | No |
| Can Amish parents be forced to send their children to school beyond the 8th grade? | No |
| What two areas does free speech include? | verbal expression of opinion and symbolic speech |
| Why can symbolic speech be limited? | because it involves action |
| What is free speech balanced against? | the need to protect society |
| When can free speech be limited? | when it presents immediate danger |
| Are those who advocate immediate and specific acts of violence protected by free speech? | No |
| What are the two types of defamatory speech? | slander and libel |
| Are fighting words protected by free speech? | No |
| Can school authorities regulate students' free speech? | Yes |
| When is prior restraint permissible? | In cases involving national security |
| What was the significance of the Pentagon Papers? | The government could not stop publication of secret government papers because that would involve prior restraint. |
| Sometimes 1st amendment rights of free press conflict with what? | the 6th amendment's guarantee of a fair trial |
| Can the media be forced to disclose confidential information in state courts? | No |
| Which two forms of media are censored more because they use the public airways? | Radio and Television |
| What group regulates radio and television? | Federal Communications Commission |
| Name the people who come to a new country intending to live there permanently. | Immigrants |
| Which people lie in a country where they are not citizens? | Aliens |
| Established permanent residence | resident aliens |
| Stay for a short period of time | nonresident aliens |
| Citizens of a nation the US is at war with | enemy aliens |
| Fleeing to escape persecution or danger | refugees |
| Come to a country without a permit | illegal aliens |
| For the most part what was the goal of US immigration policy? | Limit number of immigrants from Eastern and Southern Europe. |
| What did the Court rule in the Dred Scott case of 1857? | African Americans were not citizens |
| In what two ways is one considered a citizen by birth? | Born in the US or territory and born to a parent who is a US citizen |
| If not born in the US or to a US citizen how can one become a US citizen? | Naturalization |
| Who can take away citizenship? | Federal Government |
| What two things protect the rights of accused persons? | Constitution and Bill of Rights |
| Which amendment protects from unreasonable search and seizures? | 4th Amendment |
| Which amendment guarantees a defendant the right to an attorney? | 6th Amendment |
| Which amendment protects witnesses before grand juries and congressional investigating committees? | 5th Amendment |
| Which amendment protects defendants against forced confessions? | 5th Amendment |
| Which amendment protects accused persons from double jeopardy or being tried for the same crime twice? | 5th Amendment |
| In the case of a hung jury is a second trial considered double jeopardy? | No |
| Which amendment forbids cruel and unusual punishment? | 8th Amendment |
| Which two amendments require that all people are entitled to equal rights and equal protection of the law? | 5th and 14th Amendments |
| What were the results of the Escobedo and Miranda cases? | Expanded the protections of persons arrested as suspect in a criminal case. |
| What did the Court rule in Plessy v Ferguson? | Segregation is legal |
| What did the Court rule in Brown v Board of Education? | Separate is not equal |
| What did the Court rule in Bakke? | Although a quota system was unconstitutional a state university could consider race along with other factors when admitting students. |
| What was the significance of Reed? | The Court ruled a law unconstitutional because it discriminated against women. |
| Which act requires federal agencies to grant people access to public records upon request with some security exceptions? | Freedom of Information Act |
| Which act requires federal agencies, boards and commissions to hold meetings open to the public or to provide a complete record of the meeting? | Sunshine Act |
| What document is the fundamental source of US law? | Constitution |
| What is considered to be the supreme law of the land? | US Constitution |
| What type of law limits people's behavior and grants rights and benefits? | Statutory Law |
| What type of law spells out the authority and procedures to be followed by federal agencies? | Administrative Law |
| Which type of law is the most important basis of the legal system? | Common Law |
| What type of law is made by judges in the process of settling cases? | Common Law |
| What guarantees constitutional rights and requires that persons be informed of pending government legal action and then given the right to respond or be heard? | Due process of the law |
| What system allows lawyers for opposing sides to present their strongest case? | Adversary system |
| Typically people in the United States are presumed innocent until? | Proven guilty |
| What are the four types of civil law? | contracts, property, family, civil wrongs |
| What percentage of all cases are settled before trial? | 90 |
| Most crimes in the US break what type of laws? | State Law |
| Into what two classes are crimes classified? | misdemeanors and felonies |
| Who must prove beyond a shadow of a doubt that the defendant violated the law? | prosecutor, government |
| What guarantees human rights or fundamental freedoms in the US? | Constitution |
| Which amendment applies the guarantees in the Bill of Rights to the state and local governments? | 14th Amendment |
| Which clause of the 1st Amendment prohibits the government from unduly interfering with religious practices? | Free exercise |
| What does symbolic speech use to express opinions? | action |
| This type of speech is intended to advocate immediate, concrete acts of violence against the government. | seditious |
| This term refers to censorship of information before it is published. | Prior restraint |
| These are court orders barring pretrial publication of certain types of information. | Gag orders |
| Government can punish television and radio stations that broadcast what? | Obscene language |
| In the interest of public order and safety, government can require demonstrators to obtain what? | Advance permission |
| These aliens expect to stay in the US for a short, specified period of time. | nonresident |
| This is the legal process by which a person is granted the rights and privileges of citizenship. | naturalization |
| This means giving up citizenship to live in another country. | Expatriation |
| This rule holds that suspects must be clearly informed of their rights before police question them. | Miranda Rule |
| This amendment protects individual from self-incrimination. | 5th Amendment |
| Equal protection under the law means that states cannot use this to classify people. | unreasonable distinctions |
| Which source of American law dealt with property, family, civil and criminal law assembled by king of Babylon? | Code of Hammurabi |
| Which source of American law set moral rules contained in the Bible? | Ten Commandments |
| Which source of American law limited the government's power and stated rights of the individual? | Constitutional Law |
| What source of American law issued legislation that limits behavior and defines rights and benefits? | Statutory Law |
| What source of American law is made by judges in the process of resolving individual cases. | Common Law |
| What source of American law sets rules and regulations for bureaucratic agencies? | Administrative Law |
| Give two examples of petty offenses. | littering and disturbing the peace |
| Give two examples of misdemeanors. | vandalism and simple assault |
| Give two examples of felonies. | kidnapping and arson |
Created by:
krishagans