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39 Cards in this Set

  • Front
  • Back
The Bill of Rights was enacted in
1791
Which test did the Supreme Court justices devise for free speech in Schenck v. United States (1919)?
Clear and present danger test
In 1925, the Supreme Court justices decided that the Fourteenth Amendment applied to the states in
Gitlow v. New York.
Which amendment guarantees freedom of assembly?
First
Supreme Court justices required the states to furnish attorneys for poor defendants in all felony cases after this case
Gideon v. Wainwright (1963)
In 2007, the Supreme Court reversed an earlier ruling by determining that bans on partial-birth abortion were constitutional. One cause of this shift was the replacement of Justice Sandra Day O'Connor by
Samuel Alito.
Of the following nations, which has the largest rate of incarceration?
United States
Which Supreme Court case dealt with the publication of the "Pentagon Papers"?
New York Times Co. v. United States
What happened in Engel v. Vitale (1962)?
The Supreme Court justices banned the reciting of the Pledge of Allegiance in public schools.
Which of the following statements is true regarding the Roe v. Wade case
Since Roe v. Wade, public opinion on abortion has not changed greatly
Which state has executed more prisoners in the past 25 years than any other state?
Texas
The _____ Amendment prohibits "cruel and unusual punishment."
Eighth
Which 1973 Supreme Court case stated that obscenity must be defined by "contemporary community standards"?
Miller vs California
These type Liberties are not absolute and must be balanced against other considerations.
Civil Liberties
What was the constitutional justification of selective incorporation by the Supreme Court?
14th Amendment Due Process Clause
England's Glorious Revolution in 1689 focused primarily on the issue of
Religion
The statement, "You have the right to remain silent...Anything you say can and will be used against you in a court of law...You have the right to an attorney," is called the
Miranda warning.
What is known as a written attack on a person's reputation.
Libel
Individual rights ultimately must be protected by
open-minded representatives and a tolerant citizenry.
Although federal judges and justices are political officials, their discretionary power is greater than elected officials
False because their decisions have to be in line with a legal process
Which laws govern the legal process
Procedural laws
Why are the facts of a case crucial
Because facts determine which laws are applicable
What laws govern the relations between private parties, such as marriage divorce, business contracts
civil laws
When hearing a case the judges will often try to determine wheter the meaning of the statute or regulation can be determine by common sense refer to as
The plain meaning rule
What doctrine Stare Decisis refers to
The doctrine of respecting precedent during cour ruling.This means that the court must try to be consistent with past cases in it's rulings.
What the doctrine of judicial restraint refer to
Holds that the court should broadly defer to precedent and to desisions made by legislatures and that in nealy all cases public issues should be decided by elected law makers and not appointed judges (526)
The most substantial power excerscised by the Supreme court judicial review does not come from the constitution but stems from this landmark decision
Marbury v. Madison
An advocate of judicial review, advocating the principal of deffering to elected officials, Oliver Wendell Holmes wrote the decision that upheld a congressional restriction on free speech
Schenck v. United States
What three sources of law constrain the courts.
a) The constitution.
b) legislative statute and the administrative regulations derived from them. c) precendents established by previous court rulings
How can congress affect the supreme court
a) Congress is constitutionally empowered to establish the Supreme Court's size and appellate jurisdiction. b) Congress can rewrite legislature that if feels the Court has misinterpreted
How does the President influence the judiciary
a) The president can decide what court decisions to enforce, b) the president can affect what issues come before the judiciary, c) the president has power to influency members of the judiciary that affects the issues that come to the court
In the doctrine of judicial restraint the judges must
broadly defer to precedent, and to decisions made by the legislature. It further holds that: In nearly all cases public issues should be decided by public law makers and not appointed judges AND the role of judges is to apply the law not redifine it.
Is freedom of expression absolete
NO
When can freedom of expression can be denied
If it endangers national security, wrongly damages the reputation of others, or deprives others of their basic rights
What was the first attempt by the U.S. government to restrict free expression under the administration of John Adams
The Sedition Act of 1798. It made it a crime to print harshly critical newspaper stories about the president or national officials.
Are factually accurate statements, when they are damaging to a public official's career or reputation protected form of expression
Yes
Which amendment to the constitution extended the protections found in the bill of rights to states and local goverments
The Fourteenth Amendment
The following refer to legal protections (primarily procedural safeguards) that are designed to ensure that individual rights are respected by government
Due Process
In this Court Case, The effort of the state of Alabama to silence negative press advertisement involving attacks on civil rights workers by filing a libel suit knows as
New York Times Co. V. Sullivan. Why was it overthrown by the Supreme Court? Because factual statements againts the career of a public official are constitutionaly protected