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37 Cards in this Set
- Front
- Back
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Explain the difference between the Free Exercise Clause and the Establishment Clause.
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Establishment clause says that no religion can be set and free exercise says that you can choose to believe in no matter what.
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Are civil rights absolute rights or relative?
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Relative
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What test ensures only non-religious activities in a parochial school will benefit from state aid? |
Lemon Test
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Shield laws protect what?
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Reporters
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Expression by conduct or behavior is what? |
Symbolic Speech
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Publication of slanderous statements is? |
Libel
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bill of rights
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Most civil rights are guaranteed to citizens and?
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aliens
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The 14th amendment's Due Process clause restricts what? |
states and local governments
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Most of the cases involving the Establishment clause that have come before the supreme court have centered on what?
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Religion and government
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Censorship of written material before it is published is called what?
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Prior Restraint
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What type of expression is not protected under the 1st and 14th amendments?
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obscenity
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-shrug of shoulders -facial expressions -wearing an armband |
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what form of symbolic speech has not been protected by the courts? |
right of association
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in deciding cases involving law that punishes sedition, the supreme court has developed what rule?
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"Clear and present danger" Rule
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why does the government have the right to make reasonable rules regulating assemblies? |
You only have the right to peaceful assembly in this country which would imply that as long as your motives and reasons for assembling are peaceful in nature, the government has no right to regulate your assembly.
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what type of aid can states give parochial schools? |
state aid for books and supplies, not teachers salaries
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where can demonstrations be held or not held? |
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what position has the court taken on "Moment of silence" laws mentioning voluntary prayer? |
It has allowed them if they are voluntary
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permissible (allowable)
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What crime poses a constitutional dilemma because of 1st amendment guarantees?
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sedition
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what freedoms does the 1st amendment protect?
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press, speech, religion, petition, and assembly
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Which amendment forbids cruel and unusual behavior?
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8th
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The 13th amendment forbids what?
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"Involuntary servitude"
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What is the exclusionary rule?
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evidence seized illegally cannot be used against you in court.
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For an arrest to be lawful, police must have either a warrant or what?
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Probable cause
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what protects one from being tried twice for the same crime? |
Double Jeapordy |
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right to a speedy and public trial
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what is the purpose of a grand jury? |
to decide whether to indict or not a case
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What are the exceptions of when a search warrant is needed? |
1. Plain view 2. Cars, boats, planes 3. hot pursuit 4. open fields 5. Bags of trash 6. Aerial surveillance |
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what is the difference between procedural and substantive due process?`
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procedural deals with how laws are enforced, substantive deals with the fairness of laws
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what 3 factors determine an ex post facto law?
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1. It is a criminal law, one defining a crime or providing punishment 2. applies to an act committed before its passage 3. works to the disadvantage of the accused |
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what is a bill of attainder? |
legislative act that inflicts punishment without court trial.
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what are the parts of the Miranda act? |
1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to an attorney. 4. If you cannot afford an attorney, one will be appointed for you 5. Told that he or she may bring police questioning to an end at any time |
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what is the purpose of bail?
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what is the power of each state and its local governments to safeguard the well-being of its people? |
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what is a bench trial?
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a trial in which the judge alone hears the case |
