69 terms

Bill of Rights Exam [most, not all]

just the questions on the study guide :)Some are not filled in yet, but I will fill them in before the test.
What is the bill of rights?
Amendments 1-10 of the Constitution
When was the Bill of Rights added to the Constitution?
Who insisted that the bill of rights be added to the Constitution?
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When a person is talking, or writes unpublished personal writings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?
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?
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