Term
| In Miller v. California, an obscenity case, the Supreme Court rules that ___________ . |
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Definition
| three conditions provide the guideline for what constitutes pornography |
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Term
| What is the standard of review used by the courts when deciding whether actions of government violate First Amendment or other constitutional rights? |
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Definition
??Scrutiny
NOT judicial review |
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Term
| Which of the following is true about the Eighth Amendment? |
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Definition
I don't know
(NOT capital punishment was reinstated in 1965 or the court has never declared capital punishment to be cruel and unusual) |
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Term
| The principle established by the Supreme Court, holding that evidence gathered illegally cannot be introduce into trial, is known as ___________ . |
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Definition
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Term
| The landmark abortion decision of Roe v. Wade was based on ___________ . |
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Definition
| an earlier decision concerning the right to privacy |
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Term
| The supreme court described the right to privacy ___________ |
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Definition
| inherent in the bill of rights |
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Term
| In U.S. cases involving the rule of clear and present danger, the burden of proof rests with the ___________ . |
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Definition
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Term
| In Miller v. California (1973) what is the LAPS test used for? |
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Definition
| to determine if something is legally obscene |
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Term
| When government attempts to deprive a citizen of certain rights, the citizen must be allowed "due process" which means that ___________ . |
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Definition
| established procedures and laws must be followed |
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Term
| Regarding reporters protecting their sources, the Supreme Court has ruled that ___________ . |
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Definition
| that it does not fall under the freedom of the press umbrella |
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Term
| In order to be legal, a search warrant must specify ___________ . |
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Definition
| the area to be searched and what police are searching for |
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Term
| Which of the following conditions is true about the PATRIOT Act? |
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Definition
| the Act allows for phone wiretaps without warrant. |
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Term
| The Fifth Amendment protection against self-incrimination means that ___________ . |
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Definition
| you cannot be forced to be a witness against yourself |
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Term
| Cruel and unusual punishment is covered in what amendment? |
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Definition
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Term
| The procedural safeguard of taking of private property for public use is found in the ___________ . |
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Definition
| just compensation cause of the fifth amendment |
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Term
| The second amendment protects |
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Definition
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Term
| in recent years, the supreme court has ___________ . |
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Definition
| increased protection of women's physical access to abortion clinics |
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Term
| The Supreme Court uses the "lemon test" to determine the constitutionality of which type of law? |
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Definition
| Laws that define the separation between church and state |
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Term
| Which of the following congressional acts did the Supreme Court find unconstitutional because it restricted the First Amendment? |
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Definition
| communications decency act of 1996 |
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Term
| In the context of World War I, on the Issue of free speech, the Supreme Court ___________ . |
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Definition
??replaced the standard of presumed reasonableness with the clear and present danger standard??
(NOT expanded the standard of clear and present danger by adding the presumed reasonableness standard) |
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Term
| A government decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial, is known as ___________ . |
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Definition
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Term
| An act of censorship in which the government silences speech before it is even spoken is known as ___________ . |
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Definition
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Term
| The Fourth Amendment guarantees against ___________ . |
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Definition
| unreasonable search and seizure without a warrant |
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Term
| Although there are strong challenges to the death penalty based on bias of its application, the Supreme Court has upheld it as an allowable sentencing option ___________ . |
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Definition
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Term
| In the 1780's, why did many Americans insist on including a "bill of rights" in the new Constitution? |
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Definition
| they found the proposed Constitution too stingy in its listing of liberties and wanted more guarantees of restrictions on the power of the national government |
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