South Alabama PSC 130 Chapter 4

which of the following is likely to convince a judge that police should be issued a search warrant?

establishing probable cause for believing a crime has been committed

in Engle v. Vitale, the SCOTUS ruled against the reciting of prayers in public schools on grounds it violates the

establishment clause

The BoR initially applied to which level or levels of government?

federal only

Who is typically more protective of individual rights?

judges

The attempt to block the publication of material considered to be harmful is known as

prior restraint

The process by which the SCOTUS makes certain parts of the BoR applicable through the 14th amendment to actions by state governments is known as

selective incorporation

Which of the following acts of legislation have government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant or court order?

the USA PATRIOT act

Where is the Bill of Rights located in the Constitution?

the first 10 amendments

Griswold v. Connecticut was a case dealing with

the right of privacy

Which of the following is not considered a 6th Amendment protection?

the right to bear arms

the 2nd amendment protects and supports which of the following?

the right to keep and bear arms an da well-regulated militia

From the late 1950's to 2010, how many Americans have been convicted solely for criticizing the government's war policies?

0

The constitutional right to bear arms is in which of the following amendments?

2nd amendment

based on the exclusionary rule, evidence that is ILLEGALLY obtained can normally be used in a trial.

FALSE

true or false: according to the SCOTUS, a statement that someone makes that ruins a public official's career may be considered libel or slander even if the statement is factually accurate

FALSE

Under which of the following cases did part of the BoR first become incorporated to apply to actions by the states?

Gitlow v. New York

The SCOTUS upheld the forced relocation of tens of thousands of Japanese Americans during WW2 in which of the following cases?

Korematsu v. US

the SCOTUS determined that privacy rights extend to consensual activity between same-sex partners in

Lawrence v. Texas

in which of these cases did the SCOTUS rule that the 2nd amendment, with some restrictions, prohibited state and local governments from effectively banning gun ownership?

McDonald v. Chicago

Which of the following SCOTUS cases was also known as the "pentagon papers" case?

New York Times v. US

in which of the following cases did the SCOTUS rule that for public figures to win a libel claim, they must provide actual malice?

Ney York Times v. Sullivan

The SCOTUS decision that determined that the right to privacy extended to include abortion is

Roe v. Wade

True or False: although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

TRUE

The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the

USA Patriot Act

Constitutional guarantees that protect citizens' rights are known as

civil liberities

The legal safeguards that prevent the government from depriving citizens of life, liberty or property without ad hearing to strict legal procedures are known as

due process procedures

The ________ clause of the 1st amendment bans the state from helping religious institutions, whereas the _______ clause bans the state from restricting the free practice of religion by individuals.

establishment; free-exercise

freedom of _______ is the right of individual Americans to hold and communicate thoughts of their choosing.

expression

Regarding freedom of the press, the SCOTUS has generally upheld the principle of no prior restraint. This principle means that

government generally can't stop the news media from reporting a story

in US v. Leon, the SCOTUS ruled that, despite the exclusionary rule, that evidence discovered under a faulty warrant was admissible because police had acted

in good faith

The current standard used to determine whether the establishment clause has been violated is known as the

lemon test

The sedition act of 1798

made it a crime to publish stories that were harshly critical of the president

Which of the following statements about libel and slander is true?

neither are supported in the 1st amendment

the SCOTUS has generally held that this convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

one appeal.

the ______________ states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction.

plain view exception

Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?

procedural due process

Law enforcement officials sometimes controversially rely on the practice of ___________, the assumption that certain groups of people are more likely to commit particular crimes.

racial profiling

According to the ESTABLISHMENT CLAUSE the government is required to

remain neutral toward all religions

in Mapp v. Ohio, the SCOTUS extended the constitutional protection against unreasonable search and seizure to action by

state government

SCOTUS ruled that the right of free assembly

takes precedence over the possibility that the exercise of the right might have desirable consequences.

which of the following amendments contribute to ensuring criminal due process?

the 4th, 5th, 6th, and 8th Amendments

in the 1963 Gideon case, the SCOTUS established that

the government must provide lawyers to individuals who can't afford their own attorney

the 2014 ruling of the SCOTUS in Hall v. Florida concerns the prohibition against executing __________ on grounds that is cruel and unusual punishment

the mentally disabled

Which of the following Constitutional protections were at issue in the SCOTUS decision in Miranda v. Arizona?

the right to remain silent and the right to an attorney

the SCOTUS consistently ruled that George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was

within the president's power as commander-in-chief

Which of these legal provisions requires law enforcement officials to appear before a judge to specify the reason for detaining an individual?

writ of habeas corpus

Under the 5TH AMENDMENT, suspects

~charged with a federal crime can't be tried unless by a grand jury ~can't be tried twice for the same crime ~can't be forced to testify against themselves in a court of law

In following, the 8TH AMENDMENT, the SCOTUS has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

~determining whether a punishment is "disproportionate to the offense" ~determining if a punishment is "unnecessarily cruel" ~determining if a punishment violates "fundamental standards of good conscience and fairness"

the free-exercise clause

~has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws ~has been interpreted to mean that Americans can hold any religious belief of their choosing ~is part of the 1st amendment

Free speech is usually protected in the US unless it

~involves false commercial advertising claims ~leads to imminent and lawless action ~presents a clear and present danger to others

the imminent lawless action test

~says that for speech to be restricted, it must be directed at or producing imminent lawless action. ~has 2 criteria for speech advocating the unlawful use of force to be prohibited ~says that speech must likely to produce lawless action

Which of the following statements are true concerning the SCOTUS's decisions involving symbolic speech?

~the SC has ruled that the burning of an American flag is a protected form of symbolic speech ~The SC has protected symbolic speech nearly as vigorously as actual speech

which of the following statements are true regarding incarceration rates in the US?

~the number of federal and state prisons has more than doubled since 1990 ~most state legislatures have enacted stiffer criminal penalties in the past 2 decades ~the US has the largest prison population in the world on per capita basis

the inevitable discovery exception

~was developed in the case of Nix v. Williams ~Allows admission of tainted evidence in certain cases ~states that exclusion of physical evidence that would have been found anyways has no effect on fairness of trial