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?
Do people have unlimited rights? If not, where do those rights end?
No, they end where other people's rights begin
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 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
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.
Name one limit on freedom of assembly
criminal activity (can't join a "club" to do crime)
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
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 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?
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
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
What is the Miranda Warning?
It is when before you are interrogated by the police, they have to remind you of your rights