Bill of Rights Exam [most, not all]
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Created by:
madwithvocab on June 6, 2010
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just the questions on the study guide :)Some are not filled in yet, but I will fill them in before the test.
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69 terms
Terms | Definitions |
|---|---|
 What is the bill of rights? | Amendments 1-10 of the Constitution |
| When was the Bill of Rights added to the Constitution? | 1791 |
| Who insisted that the bill of rights be added to the Constitution? | Antifederalists |
| Who wrote the BOR? | James Madison |
| What are civil rights? | rights protected by the constitution |
| What government institution interprets the constitution and helps define on a case by case basis what exactly YOUR rights are? | The supreme court |
| What is this power of the supreme court [ to interprets what your rights based on the constitution in court ] called? | Judicial Review |
| Do people have unlimited rights? If not, where do those rights end? | No, they end where other people's rights begin |
| What freedom do all five of these first amendment rights relate to? | Freedom of Expression |
| What is the term that means a separation between religion and government? | It means Separation of Church and State |
| What are the two clauses in the 1st amendment that maintains a separation of religion and government [define each] | 1. Establishment Clause, where the government can't favor a religion. 2. Free Exercise Clause, where the government can't keep you from praticing your religion |
| What kind of SPEECH (not rights) is protected in the 1st amendment? List three | Verbal Speech, Symbolic Speech, and Unpopular Views |
| What is verbal speech?` | When a person is talking, or writes unpublished personal writings |
| What is symbolic speech? | It is an action that expresses an idea |
| What is unpopular views? | That your rights are still the same as others even though many members of the gov, etc are against your "unpopular" views. |
| What kind of speech is NOT protected in the 1st amendment? | Clear and present danger, threats to national security, inciting a riot, fighting words and obscenity |
| What was the Tinker vs. Des Moines Board of Ed case? | It is where Mary Tinker and two other students wore black armbands to protest the Vietnam war. The school threw them out and the case went to the Supreme Court |
| How does the Tinker vs. Des Mones Board of Ed case a case of Symbolic Speech? | This case is Symbolic Speech, because they wore armbands which expressed an idea, but didn't literally say anything |
| What was Schenck vs. United State's case? | It was where a man gave out leaf leats [pamphlets] on the street encouraging men to resist the draft to World War One |
| How does the Schenck vs. United State's case relate with Clear and Present Danger? | It presents Clear and Present danger because he is encouraging men to break the law. Also, it could cause a lack in military to protect the United States |
| What is another word for press? | Media |
| Name the three types of Press | Print (newspapers and magazines), Broadcast (TV and radio) and Electronic (internet, etc) |
| When press is NOT free and controlled by the government, what is is used for? | To spread propoganda [news] |
| What is the definition of Libel? | Statements that are published, untrue, and so damaging to a person's character of reputation that they can sue. |
| Are commercials and advertising press? | No, it is commercial speech |
| What are arms? | weapons/ guns |
| Name two ways people can exercise their freedom of assembly | Social gatherings, political parties |
| Name one limit on freedom of assembly | criminal activity (can't join a "club" to do crime) |
| How does the government use guns? | The Police, Army and Militia uses guns to protect people |
| How does the private citizens use guns? Name three | Sport/ Hunting, Crime, Self Defense |
| How are guns regulated? | Some guns are illegal, there are also restrictions on gun ownershup like age requirements, backgroung cheecks and you need a permit/ license for a hand gun |
| If someone supports gun control what do they mean? | They believe that their should be more restrictions on guns |
| Who are the NRA? | The National Rifle Association who support gun owner's rights |
| What does the third amendment protect people from? | Quartering troops in your home |
| What does the fourth amendment protect? | privacy |
| What does the fourth amendment protect FROM? | Unreasonable search and seizure |
| What is Unreasonable Search and Seizure? | Where you are searched for not apparant reason (or without warrant) or when a government official take something of yours (car,etc) for no apparant reason or without a warrant. Some examples are Stop and Frisk |
| What is Stop and Frisk? | Where police (or other gov members) randomly stop people and search them |
| What is a warrant? | A court permission to search someone |
| What is a Subpoena? | An order given by a court telling them they have to testify |
| What does the fourth amendment apply to? | Your body, house, car, and communications |
| What is some exceptions of the warrant requirement? | Probable cause, hot pursuit, Plain view, etc |
| What is a Grand Jury/ what amendment is it in? | Amendment Five, It is a jury which sees if the case is even worth pursuing |
| What is Double Jeopardy/ what amendment is it in? | Amendment Five, It means you can not be put on trial twice for the same crime |
| What is Due Process/ what amendment is it in? | Amendment Five, it is where the government must follow legal proccedures throughout a legal process |
| What is Self-Incrimination/ what amendment is it in? | Amendment Five, It is where you don't have to testify against yourself if it may incrimintate you |
| What is Eminent Domain? | The right of the government to take your property for public use (they do have to pay you, but you can't refuse) |
| What amendment says that if the government takes your property for public use, they ahve to give you just compensation (money) you for it? | 5th amendment |
| What is an indictment? | When a grand jury charges you with a crime |
| What does the 6th amendment guarentee each citizen? | Right to a fair trial |
| How does the 6th amendment protect citizens right to a fair trial? | You have a right to an impartial jury, speedy trial, public trial, the right to an attorney/councel, the right to know what you're being charged with, and the right to question your accusers |
| What is considered cruel and unusual punishment? Name two. | Torture (if the punishment doesn't fit the crime) and certain forms of Execution |
| What Amendment says that if there is a lawsuit for more than $20, you have the right to a jury trial? | The 7th amendment |
| What amendment says that any right no listed in the BOR are still kept by the people? | The 9th amendment |
| What is Perjury? | When someone lies in court and can possibly be arrested |
| Who are the parties involved in a Civil Case? | The Plaintiff, the person suing and seeking damages (like money) and the Defendant |
| Who are the parties involved in a Criminal Case? | the Prosecution, the person trying to prove guilt and the defendant who is trying to prove innocene |
| Amendment 13.... | ended slavery (and expanded civil rights) |
| Amendment 14... | gave citizenship to African Americans and gave everyone equal protection under law |
| Amendment 15... | made sure that voting rights can not be denied based on race or ethnicity |
| Amendment 19.... | gave women voting rights |
| Amendment 26... | gave voting rights for 18 year old |
| Amendment 10... | gives all rights not listed in the Bill of Rights to the states |
| What is a civil case? | A lawsuit, or where someone wants to sue to get money, etc |
| What is a criminal case? | when a crime has been commited (murder, etc) |
| What is the Miranda Warning? | It is when before you are interrogated by the police, they have to remind you of your rights |
| The 8th Amendment protects against... | cruel and unusual punishment |
| What is obstruction of justice? | lying to law enforcement (police, FBI) during an investigation |
| What is contempt of court? | not replying or not appearing in court to a subpoena, or not following a judges directions |
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