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39 Cards in this Set
- Front
- Back
The Bill of Rights was enacted in
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1791
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Which test did the Supreme Court justices devise for free speech in Schenck v. United States (1919)?
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Clear and present danger test
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In 1925, the Supreme Court justices decided that the Fourteenth Amendment applied to the states in
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Gitlow v. New York.
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Which amendment guarantees freedom of assembly?
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First
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Supreme Court justices required the states to furnish attorneys for poor defendants in all felony cases after this case
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Gideon v. Wainwright (1963)
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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
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Samuel Alito.
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Of the following nations, which has the largest rate of incarceration?
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United States
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Which Supreme Court case dealt with the publication of the "Pentagon Papers"?
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New York Times Co. v. United States
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What happened in Engel v. Vitale (1962)?
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The Supreme Court justices banned the reciting of the Pledge of Allegiance in public schools.
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Which of the following statements is true regarding the Roe v. Wade case
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Since Roe v. Wade, public opinion on abortion has not changed greatly
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Which state has executed more prisoners in the past 25 years than any other state?
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Texas
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The _____ Amendment prohibits "cruel and unusual punishment."
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Eighth
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Which 1973 Supreme Court case stated that obscenity must be defined by "contemporary community standards"?
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Miller vs California
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These type Liberties are not absolute and must be balanced against other considerations.
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Civil Liberties
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What was the constitutional justification of selective incorporation by the Supreme Court?
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14th Amendment Due Process Clause
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England's Glorious Revolution in 1689 focused primarily on the issue of
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Religion
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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
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Miranda warning.
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What is known as a written attack on a person's reputation.
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Libel
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Individual rights ultimately must be protected by
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open-minded representatives and a tolerant citizenry.
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Although federal judges and justices are political officials, their discretionary power is greater than elected officials
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False because their decisions have to be in line with a legal process
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Which laws govern the legal process
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Procedural laws
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Why are the facts of a case crucial
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Because facts determine which laws are applicable
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What laws govern the relations between private parties, such as marriage divorce, business contracts
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civil laws
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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
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The plain meaning rule
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What doctrine Stare Decisis refers to
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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.
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What the doctrine of judicial restraint refer to
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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)
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The most substantial power excerscised by the Supreme court judicial review does not come from the constitution but stems from this landmark decision
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Marbury v. Madison
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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
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Schenck v. United States
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What three sources of law constrain the courts.
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a) The constitution.
b) legislative statute and the administrative regulations derived from them. c) precendents established by previous court rulings |
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How can congress affect the supreme court
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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
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How does the President influence the judiciary
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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
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In the doctrine of judicial restraint the judges must
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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.
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Is freedom of expression absolete
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NO
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When can freedom of expression can be denied
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If it endangers national security, wrongly damages the reputation of others, or deprives others of their basic rights
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What was the first attempt by the U.S. government to restrict free expression under the administration of John Adams
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The Sedition Act of 1798. It made it a crime to print harshly critical newspaper stories about the president or national officials.
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Are factually accurate statements, when they are damaging to a public official's career or reputation protected form of expression
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Yes
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Which amendment to the constitution extended the protections found in the bill of rights to states and local goverments
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The Fourteenth Amendment
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The following refer to legal protections (primarily procedural safeguards) that are designed to ensure that individual rights are respected by government
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Due Process
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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
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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
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