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37 Cards in this Set

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  • Back
Explain the difference between the Free Exercise Clause and the Establishment Clause.
Establishment clause says that no religion can be set and free exercise says that you can choose to believe in no matter what.
Are civil rights absolute rights or relative?
Relative



What test ensures only non-religious activities in a parochial school will benefit from state aid?

Lemon Test
Shield laws protect what?
Reporters

Expression by conduct or behavior is what?





Symbolic Speech

Publication of slanderous statements is?
Libel


What determines the exact meaning of various civil rights?





bill of rights
Most civil rights are guaranteed to citizens and?
aliens

The 14th amendment's Due Process clause restricts what?





states and local governments
Most of the cases involving the Establishment clause that have come before the supreme court have centered on what?
Religion and government
Censorship of written material before it is published is called what?
Prior Restraint
What type of expression is not protected under the 1st and 14th amendments?
obscenity


list some examples of symbolic speech.



-shrug of shoulders


-facial expressions


-wearing an armband


what form of symbolic speech has not been protected by the courts?
right of association
in deciding cases involving law that punishes sedition, the supreme court has developed what rule?
"Clear and present danger" Rule

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.

what type of aid can states give parochial schools?
state aid for books and supplies, not teachers salaries

where can demonstrations be held or not held?


what position has the court taken on "Moment of silence" laws mentioning voluntary prayer?
It has allowed them if they are voluntary


What is the courts position on prayer in state legislatures?



permissible (allowable)
What crime poses a constitutional dilemma because of 1st amendment guarantees?
sedition
what freedoms does the 1st amendment protect?
press, speech, religion, petition, and assembly
Which amendment forbids cruel and unusual behavior?
8th
The 13th amendment forbids what?

"Involuntary servitude"
What is the exclusionary rule?

evidence seized illegally cannot be used against you in court.

For an arrest to be lawful, police must have either a warrant or what?
Probable cause

what protects one from being tried twice for the same crime?



Double Jeapordy



what are you guaranteed by the constitution in a "fair trial"?



right to a speedy and public trial

what is the purpose of a grand jury?
to decide whether to indict or not a case

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

what is the difference between procedural and substantive due process?`
procedural deals with how laws are enforced, substantive deals with the fairness of laws
what 3 factors determine an ex post facto law?

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


what is a bill of attainder?
legislative act that inflicts punishment without court trial.

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

what is the purpose of bail?



what is the power of each state and its local governments to safeguard the well-being of its people?

what is a bench trial?

a trial in which the judge alone hears the case