POSC 100 - study guide #4 - Ch14

What is required to prove legal guilt?

- A defendant's factual guilt must be established - Must prove the defendant had the requisite state of mind - These must be proven beyond reasonable doubt

What freedom or freedoms does the Fifth Amendment protect?

- Prohibits compelled self-incrimination in any criminal case - Prohibits any person to be subject to double jeopardy of life or limb for the same offense

Ch2: What are the characteristics of political correctness?

-Characterized by repression of attitudes, speech, and writings that are deemed racist, sexist, homophobic (anti-homosexual), or otherwise "insensitive." -Does not tolerate open discussion or debate-Opposition is denounced as "insensitive," racist, sexist, or worse, and intimidation is frequent.

Ch7: What are the major policy differences of the two major political parties?

-Democratic Party is more likely to favor increasing the number of social programs, and regulations on business while at the same time favor decreasing domestic oil production. -Republic Party is more likely to favor increasing spending on the military, and domestic oil production while at the same time favor decreasing regulations on business.

What did the U.S. Supreme Court rule in the Cruzan case?

-In the Cruzan case, the Supreme Court established the right to die for individuals -The justices ruled that individuals can refuse medical treatment, including food and water, even if this means they will die, if they make the decision while they are competent and alert

What is the rule stated by the U.S. Supreme Court regarding pure speech?

-Individuals can say what they want as long as they don't disturb peace. -No riots or fighting words.

Know the details of the exclusionary rule.

-Is based on the Fourth Amendment -It is a judge-made rule that prohibits the use in many circumstances evidence obtained in violation of the Fourth Amendment

Which constitutional amendment did the U.S. Supreme Court use to extend the Bill of Rights to the states?

14th amendment

Ch4: What is the definition of Federalism?

A constitutionally created system of dividing power between the national government and the state governments

How has the U.S. Supreme Court defined obscenity?

A description or depiction of sexual conduct that, taken as a whole, by the average person, applying contemporary community standards: -appeals to the prurient (shameful, morbid, incites lust) interest in sex, -portrays sex in a patently offensive way, and -does not have serious literary, artistic, political, and scientific value --- using a national, reasonable person standard, rather than the contemporary community standard. (Miller v California)

What is probable cause?

A standard used in determining when arrests and searches can be conducted by police

Ch1: What is the definition of Social Contract Theory?

An implied agreement exists between the government and its people who agree to obey laws in exchange for protection of their rights.

What constitutional right does the Sixth Amendment provide to the accused?

Assures, among other freedoms, the right to counsel

Ch3: Separation of Powers.

Constitutional division of powers among the three branches of the national government: legislative, executive, and judicial - Created by Articles I, II, and III of the Constitution to place internal controls on the national government's power.

Ch3: Checks and Balances.

Constitutional provisions giving each branch of the national government certain checks over the actions of other branches

Ch6: What are the media doing when they perform the function of "interpreting"?

Editors, reporters, and anchors provide each story with a "spin" in the way we interpret a story and speculate on its meaning and consequences.

Ch4: What is the definition of a unitary system?

Formal authority rests with the national government and whatever powers are exercised by states, provinces, or subdivisions are given to those governments by the national government - Ex: States

What does freedom of the press protect us from in most circumstances?

Freedom of prior restraint aka censorship

Ch1: What is the definition of a Republic (aka: a Representative Democracy)?

Governing system in which public decision making is delegated to representatives of the people chosen by popular vote in free, open, and periodic elections

What is the Lemon test?

Government program will be valid under the Establishment clause if it: 1. Purpose of aid must be secular 2. Effect of aid on religion must be neutral 3. Aid must not create "excessive entanglement" between Church and State

Ch9: What is the definition of a public interest group?

Groups that claim to represent broad classes of people or the public as a whole.

The Religious Freedom Restoration Act

In general: government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except: - is in furtherance of a compelling governmental interest, and - is the least restrictive means of furthering that compelling governmental interest

Ch3: What is the major constitutional responsibility of each branch of the national government?

Legislative branch - write and pass the laws Executive branch - execute, (implement) the laws Judicial branch - interpret the laws and actions of government officials

What does the Bill of Rights protect us from?

Limits the national governments power

What is a plea bargain?

Occurs when suspects deal with the prosecutor to obtain a lighter sentence in exchange for a guilty plea.

Ch9: What is the definition of an interest group?

Organizations that seek to obtain at least part of their by directly influencing government policy.

What does the Eighth Amendment forbid?

Prohibits cruel and unusual punishment

What must a public figure or public official prove to win a libel suit?

Public officials must show the statements were false, harmed their reputation, and were made with reckless disregard for the truth

What did the U.S. Supreme Court rule in District of Columbia v. Heller?

Ruled for the first time that the 2nd Amendment protects an individual's right, not a collective or militia's right, to keep and bear arms for self-defense

What is the exception created in the Pentagon Papers case?

The case created the first exception to the general rule of no prior restraint. -Prior restraint would be allowed when the data involved matters of national security

Ch4: What is the definition of confederal system?

The government is created by and relies on the sub-national governments for its authority, not the people - Ex: European Union, the United Nations Confederation of states / Confederal System What are the major thi

What is the rule stated by the U.S. Supreme Court regarding speech plus conduct?

The govt. uses time, place, manner restrictions. The speech plus conduct must be done at the most considerable time, place, and manner.