Pols

How many justices are on the Supreme Court?

9

Griswold v. Connecticut (1965) have been extremely important in the development of

A constitutional right to privacy

What does habeas corpus refer to?

A court order demanding that an individual in custody be brought into court and shown the cause for detention

New York Times v. Sullivan (1964) was significant because the justices rules that

A newspaper has to print false and malicious material deliberately in order to be guilty of libel.

Which of the following state actions would conflict with the voting rights acts of 1965?

A state requires voter to take a test to prove they can read and write in order to vote.

What is strict scrutiny?

A test used by the Supreme Court that places the burden of proof on the government rather than challengers to prove a law is constitutional.

Most cases reach the Supreme Court through

A writ of certiorari

The fifteenth amendment to the constitution guarantees

African American men the right to vote

During the Founding era, ________ were the strongest supporters of adding a bill of rights to the Constitution.

Antifederalists

What term describes the authority to hear appeals of a lower courts decision

Appellate jurisdiction

What is the term for written documents in which attorneys explain, using case precedents, why the courts should find in favor of their clients

Briefs

In Buckley v. Valeo (1976), the Supreme Court rules that

Burning draft cards is a form of protected symbolic speech, but only if it is done with n public

One of the most effective strategies in getting a case accepted for review by the Supreme Court is to

Capitalize on inconsistent rulings across the circuits

a decision of at least four of the nine justices to review a decision from a lower court is known as a writ of

Certiorari

which of the following best reflects the supreme court's position on commercial speech?

Comercial speech receives no first amendment protection

A written opinion by a justice agreeing with the majority opinion but giving different reasons for his or her decision is known as a

Concurring opinion

The private meeting where justices discuss a case and eventually reach a decision on the basis of a majority vote is referred to as the

Conference

Suppose a defendant is convicted at trial but believes that the judge made an error that impacted the decision. She would first ask her case be tried again at ________. If she were to lose at that court, she could still try again, if her argument were accepted, at the ________.

Court of Appeals and Supreme Court

The Supreme Court ruled that the second amendment provides a constitutional right to keep a loaded handgun at home for self defense in

District of Columbia v. Heller

The "wall of separation" between church and state is best found in which clause of the Constitution?

Establishment

In Lawrence v. Texas (2003), the Supreme Court

Extended the right to privacy to LGBTQ Americans.

How did the framers of the U.S. Constitution seek to insulate the federal judiciary from political pressures?

Federal judges under article III are selected by a nonpartisan commission

The right to remain silent is guaranteed by the ___ amendment.

Fifth

The first provision of the Bill of Rights to be "incorporated" into the Fourteenth Amendment as a limitation on state power was the

Fifth Amendment's prohibition on states from taking private property for a public use without just compensation.

"Due process of law" is generally defined by the ________ amendments.

Fourth, Fifth, Sixth, and Eighth

The _____ clause of the first amendment protects an individual's right to believe and practice whatever religion he or she chooses

Free exercise

Which of the following is an example of a civil liberty stated in the U.S. Constitution

Freedom of speech

Which of the following statements about freedom of speech and of the press is true?

Freedom of speech and of the press is fundamental for democracy as the free exchange of ideas and dissemination of information is crucial for citizens to exercise popular control of government.

What are civil rights?

Guarantees of equal opportunity and protection through obligations imposed on government to protect individuals

What is the standard for determining guilt in criminal cases?

Guilt must be proven "beyond a reasonable doubt."

Why did Alexander Hamilton oppose a bill of rights?

Hamilton believes that it was unnecessary given that the federal government was given only delegated powers

More than 97 percent of court cases in the United States are heard

In state courts

Why is Marbury v. Madison (1803) an important case?

In this case, the justices authorized the Supreme Court to exercise judicial review over laws passed by Congress.

What did the thirteenth amendment do?

It abolished slavery

What did the 1965 Voting Rights Act do?

It barred literacy and other tests for voting, set criminal penalties for interference with efforts to vote, and required counties with histories of voter discrimination to seek "pre clearance" approval from the federal government before changing their voting laws and procedures.

What did the Civil Rights Act of 1964 do?

It ended segregation in public spaces and prohibited discrimination on the basis of race, gender, religion, sex, and national origin.

Why is Palko v. Connecticut (1937) a significant case?

It established the principle of selective incorporation for the Bill of Rights.

What did the Fourteenth Amendment do?

It guaranteed equal protection and due process

Which of the following statements about the equal protection clause is true?

It is found in the fourteenth amendment and ensures that all citizens must be treated equally by the law.

Why is standing important

It is important that the case involves an actual controversy and not a hypothetical one.

Under what circumstances did the Supreme Court rule government may support religion on Lemon v. Kurtzman (1971) ?

It is permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion

What is "speech plus" ?

It refers to speech protected by the first amendment because it is accompanied by picketing or other demonstrations

How did the Dred Scott v. Sanford decision help to precipitate the Civil War?

It reinforced the institution of slavery and denied the rights of citizenship to all Black Americans, either free or enslaved.

How did the Supreme Court extend freedom of speech against acts of state governments in 1925?

It ruled that freedom of speech was a fundamental right and liberty and according to the fourteenth amendment, states cannot deny and person of life, liberty, or property.

What is the difference between libel and slander?

Libel refers to written statements, while slander refers to oral statements

Which court case made interracial marriage legal in all states?

Loving v. Virginia

The Supreme Court applied exclusionary rule to all levels of government in which case?

Mapp v. Ohio (1961)

The requirement that a person under arrest be informed of his or her right to remain silent is known as the ________ rights.

Miranda

Which term describes the authority of a court that initially considers a case.

Original jurisdiction

The sphere of a court's power and authority refers to

Precedent

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way is known as

Prior restraint

Why is the selective incorporation significant?

Prior to incorporation of the Bill of Rights, these liberties and rights were not extended to state governments, which could make many laws directly impacting the lives of citizens, limiting the Bill of Rights.

Suppose a corporation spent millions of dollars on advertising for a candidate's presidential campaign. The corporation's actions are

Protected by the first amendment as long as the corporation does not spend more than 2 million dollars

The second amendment to the U.S. constitution deals with

Right to bear arms

The Montgomery bus boycott began after ____ refused to give up her seat for a white man

Rosa Parks

What is the process by which the Supreme Court has expanded specific parts of the bill of rights to protect citizens against state action?

Selective incorporation

The ____ is the top government lawyer in all cases before the U.S. Supreme Court where the government is a party

Solicitor general

The rights of an individual or organization to initiate a court case, on the basis of having a substantial stake in the outcome is known as

Standing

The doctrine of ______ requires courts to follow authoritiative prior decisions when ruling

Stare decisis

The judicial doctoring that places a heavy burden of proof on the government when it seeks to regulate speech is called

Strict scrutiny

The ____ is an article VI of the constitution, stating that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.

Supremacy clause

What is the Bill of Rights?

The Bill of Rights is the first 10 Amendments to the U.S. Constitution.

Which of the following best describes the Supreme Courts first ruling on the nationalization of the Bill of Rights in 1833?

The Bill of Rights limits the national government but not state governments.

What was the immediate effect of the Brown v. Board of Education on racial segregation

The Brown v. Board of Education decision led to an immediate push towards desegregating public schools, but the decision did not extend to other public facilities

What did the Supreme Court rule in Dred Scott v. Sanford?

The Court ruled that enslaved people—indeed all Black people—were not citizens of the U.S. and that Scott was his owner's property, regardless of his having been taken to a free state or territory.

What strategy did the NAACP take in challenging the "separate but equal" rule?

The NAACP began with public accommodation and directly challenged the "separate but equal" rule using the commerce clause.

How is the membership of the U.S. Supreme Court determined?

The Supreme Court itself can establish how many justices serve.

Burning the American flag is not unconstitutional because

The Supreme Court rules it is a form of symbolic speech protected by the First Amendment

What did the U.S. Supreme Court rule in Brown v. Board of Education (1954)?

The Supreme Court rules that segregation in public schools violated the equal protection clause of the fourteenth amendment and thus was unconstitutional.

Which clause found in the constitution is the basis of civil rights for black Americans, women, and other marginalized groups

The equal protection clause

The clause in the United States Constitution which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or subdivision is the

The supremacy clause

Gideon v. Wainwright (1963) established the right

To legal counsel in felony cases

______Is the only federal court established by the constitution

U.S. Supreme Court

Title IX of the 1972 Education Act has has a major effect on

University athletic programs

How do civil liberties differ from civil rights?

While civil rights define what government must do to ensure people are treated equally under the law, civil liberties define actions that government cannot take in order to uphold individual freedom.

Which of the following cases would always be heard in federal court?

a case involving the state of New York suing the state of New Hampshire over state highway maintenance

What was the Seneca Falls Convention?

a meeting in upstate New York during the mid-nineteenth century regarding women's rights

The twenty fourth amendment to the constitution

abolished poll tax

A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.

amicus curiae

McDonald v. Chicago (2010) was significant because it

applied the Second Amendment to state governments.

In the 1969 case of Brandenburg v. Ohio, the Supreme Court ruled that

as long as speech falls short of actually inciting action, it cannot be prohibited, even if it is hostile to or subversive of the government and its policies.

Which of the following best describes the job of a law clerk who works in a federal court?

assist federal judges by researching legal issues and helping prepare opinions

____________________ are aspects of personal freedom constitutionally protected from government interference

civil liberties

In what type of law is the government always the plaintiff?

criminal

What does the Eighth Amendment prohibit?

cruel and unusual punishment

When racial segregation in schools is the result of housing choices made by individuals and families rather than the result of law, it is referred to as

de facto

Legally enforced segregation in public schools is a form of ________ discrimination.

de jure

_____ are used to express opposition to a supreme court outcome or to signal to the losing side that some members of the court support its position

dissenting opinions

________ prevents people from being tried twice for the same crime.

double jeopardy

The ruling in Plessy v. Ferguson (1896)

established the separate but equal rule.

The _____ rule forbids the introduction in trial of any piece of evidence that has been obtained illegally

exclusionary

The _____ amendment is the only amendment in the bill of rights that explicitly addresses itself to the national government

first

In order for the Supreme Court to decide to grant certiorari

four justices must vote in favor of certiorari.

The constitutional basis for the nationalization of the Bill of Rights is the ______ amendment

fourteenth

The rights to assembly and petition are guaranteed by the same amendment that guarantees ________.

free speech

Congress has assigned federal court jurisdictions on the basis of

geography

The power of the courts to review actions of the legislative and executive branches and, if necessary, declare them invalid or unconstitutional is called

judicial review

Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

judicial review

What were Jim Crow laws?

laws enacted by southern states following Reconstruction that discriminated against Black Americans

Ledbetter v. Goodyear Tire & Rubber Co. (2007) was significant because it

led Congress to pass a new law giving workers expanded rights to sue in discrimination cases.

Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake

may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff.

Women were guaranteed the right to vote with the passage of the ________ Amendment in 1920.

nineteenth

The text of the fourteenth amendment states

nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The written explanation of the Supreme Court's decision in a particular case is known as the

opinion

In ________, an attorney for each side appears before the Supreme Court to present her client's position and answer the justices' questions.

oral argument

Which of the following forms of speech receives the greatest level of First amendment protection?

political speech that does not incite violence

Prior cases whose principles are used by judges to decide current cases are called

precedents

Between 1971 and 1974, the Supreme Court

restricted its school desegregation and busing rulings to apply only to cities found guilty of deliberate and de jure racial segregation.

When nominating justices to the Supreme Court, presidents make an effort to

select justices who share their political philosophies.

The right to legal counsel in a criminal proceeding is guaranteed by the ________ Amendment.

sixth

The Supreme Court has not given full protection to fighting words because

such words are not part of the essential exposition of ideas.

The fact that states set a minimum age for driving automobiles and consuming alcohol illustrates that

the equal protection clause of the Fourteenth Amendment does not actually require that government treat everyone equally.

A writ of habeas corpus declares that

the government must show a legal cause for holding someone in detention.

Once the president has formally nominated an individual for a federal judgeship,

the nominee must be confirmed by a majority vote in the full Senate.

Which of the following is the best definition of due process of law?

the right of every individual against arbitrary action by national or state governments

When filing an appeal, an appellant usually must show

the trial court made a legal error in deciding the case.

The first court to hear a criminal case involving a violation of state law is called a(n) ________ court.

trial

The fourth amendment protects citizens against

unreasonable searches and seizures

The supreme courts decision in R.A.V. v city of St. Paul (1992) suggests that

virtually all hate speech is constitutionally protected.

Title VII of the 1964 Civil Rights Act

was a valuable tool for the women's movement in the 1960s and 1970s because it prohibited gender discrimination.