1. Civil Liberties/Civil Rights, Free Speech, Freedom of Religion, Rights of the Accused UNIT 4 REVIEW

2.  Accomodationist WHO WOULD SUPPORT SOME BLENDING BETWEEN CHURCH AND STATE?

3.  Separationists WHO WOULD BELIEVE THAT “IN GOD WE TRUST” SHOULD BE REMOVED FROM OUR MONEY?

4.  Establishment clause cases WHAT KIND OF CASES DOES THE COURT APPLY THE LEMON TEST TO?

5. 1.The law has to have a secular purpose (can’t solely have a religious purpose) 2.The law can’t favor one religion over another 3.The law can’t excessively entangle church and state WHAT ARE THE THREE PRONGS TO THE LEMON TEST?

6.  Engle v Vitale WHAT CONTROVERSIAL CASE ENDED SCHOOL PRAYER?

7.  Establishment Clause WHAT KIND OF RELIGION CASE IS ABBINGTON V SCHEMP?

8.  Belief WHAT RELIGIOUS RIGHT IS MOST PROTECTED?

9.  Teaching evolution in school WHAT DID EPPERSON V ARKANSAS PROHIBIT STATE LAW FROM BANNING?

10.  Free exercise clause WHAT CLAUSE PROVIDES FREEDOM OF WORSHIP?

11.  Reynolds v US IN WHAT CASE DID THE COURT BAN POLYGAMY?

12.  The right to refuse to salute the flag WHAT RIGHT DID WEST VIRGINIA V BARNETTE PROTECT?

13.  The law targeted the religious practice WHY DID THE COURT STRIKE DOWN A LAW THAT RESTRICTED ANIMAL SACRIFICE IN LUKUMI BABALU V HIALEAH

14.  Applies provisions of the Bill of Rights to the states  Nationalizes the Bill of Rights WHAT IS THE EFFECT OF SELECTIVE INCORPORATION?

15. TThe 14 th Amendment WHEN NATIONALIZING THE BILL OF RIGHTS, WHAT AMENDMENT DOES THE COURT RELY ON?

16.  Due process clause WHAT 14 TH AMENDMENT CLAUSE ARE 1 ST AMENDMENT RIGHTS SELECTIVELY INCORPORATED INTO?

17.  Schenk v US WHAT FREE SPEECH CASE ESTABLISHED THE CLEAR AND PRESENT DANGER TEST?

18.  If the Court relied on Schenk, what would it do to a law that banned the speech of a man who supported overthrowing the government in a speech? OVERTURN IT

19.  Prior restraint THE COURT HAS TENDED TO DISALLOW LAWS THAT RESTRICT SPEECH BEFORE ITS GIVEN CALLED:

20.  NY times v US WHAT SUPREME COURT CASE ESTABLISHED THE COURTS STANDARD OF PRIOR RESTRAINT?

21.  The vagueness doctrine WHAT SPEECH TEST IS VIOLATED WHEN IT CAN BE TOO BROADLY APPLIED?

22.  Symbolic speech WHAT KIND OF SPEECH WAS PROTECTED IN TEXAS V JOHNSON?

23.  What case would you refer to in support the right of students to remain silent all day as a symbolic statement that the poor are ignored by politicians? TINKER V DES MOINES OR TEXAS V JOHNSON

24.  They have to show malicious and reckless intent WHY IS IT DIFFICULT FOR PUBLIC FIGURES TO WIN LIBEL LAWSUITS?

25.  Libel WRITTEN FALSE STATEMENTS THAT DAMAGE REPUTATION ARE CALLED:

26.  Slander SPOKEN FALSE STATEMENTS THAT DAMAGE REPUTATIONS IS CALLED:

27.  Fighting words WHAT UNPROTECTED SPEECH DID CHAPLINSKY V NEW HAMPSHIRE ESTABLISH?

28.  What test might have been used to overturn a city ordinance banning “R” rated movies? MILLER TEST OR SLAPS

29.  NO! IS OBSCENITY A PROTECTED FORM OF “SPEECH”?

30.  The Miller test only determine whether something is considered obscene or not.  What are the 3 prongs of the Miller test? 1.Violates local obscenity laws 2.Is seen by the average person as appealing to the prurient (lustful) 3.Lacks Serious Literary, Artistic, Political or Scientific value (SLAPS Test)

31.  The Government WHO BANS SPEECH WHEN IT’S BEING CENSORED?

32.  Added imminent lawless action to clear and present HOW DID BRANDENBURG MODIFY AND CLARIFY SCHENCK?

33.  9 th Amendment protections PRIVACY, TRAVEL AND POLITICAL ASSOCIATIONS ARE EXAMPLES OF WHAT KIND OF RIGHTS?

34.  To not be unreasonably searched and seized.  privacy WHAT RIGHTS DOES THE 4 TH AMENDMENT PROTECT

35.  Exclusionary rule WHAT RULE DID THE MAPP DECISION ESTABLISH?

36.  What’s in immediate control  Or in plain view WHAT CAN POLICE SEARCH WITHOUT A WARRANT AFTER AN ARREST?

37.  With probable cause WHEN ARE SEARCH WARRANTS ISSUED?

38.  5 th Amendment WHICH AMENDMENT PROTECTS AGAINST SELF-INCRIMINATION?

39.  What was the Supreme Court case that established the responsibility of law enforcement to inform suspects of their rights? MIRANDA V ARIZONA

40.  Right to a court appointed attorney in a state trial WHAT DID GIDEON V WAINWRIGHT ESTABLISH?

41.  Gregg v Georgia What Court case reestablished capital punishment as a justifiable reaction to murder?

42. How did Atkins clarify Gregg?  Capital punishment cannot be applied to the mentally handicapped

43. Which Amendment?

44. Trial by jury  7 th

45. No double jeopardy  5th

46. Speedy and public trial  6th

47. No excessive bail or fines  8th

48. Right to bring your own witnesses and cross examine witnesses brought by the prosecution  6th

49.  They vote based on the Rule of 4 HOW DOES THE SUPREME COURT DETERMINE WHICH CASES TO HEAR? (H)

50.  Appellate BY WHAT JURISDICTION DO MOST CASES REACH THE SUPREME COURT?

51.  Deny the case a hearing WHAT WILL THE SUPREME COURT DO IF THE CLAIMANT (OR PLAINTIFF) LACKS STANDING?

52.  It accepts the case (the lower court sends the court documents to the Supremes) WHAT HAPPENS WHEN THE COURT ISSUES A WRIT OF CERTIORARI?

53.  Amicus Curiae brief IF A SPECIAL INTEREST GROUP WANTS THE COURT TO INTERPRET A CASE A PARTICULAR WAY, IT CAN SEND THE COURT A SO-CALLED FRIEND OF THE COURT BRIEF CALLED:

54.  Writes an opinion (majority opinion) ONCE THE COURT HAS DECIDED A CASE, HOW DOES IT NOTIFY THE COUNTRY?

55.  Concurring opinion A DECISION THAT AGREES WITH THE MAJORITY, BUT DISAGREES WITH THE REASONING BEHIND IT, IS CALLED:

56.  Dissenting opinion A DECISION THAT DISAGREES WITH THE MAJORITY OPINION

57. 1.Amend the U.S. Constitution 2.The executive branch can ignore the decision and not enforce it 3.State and local government, school boards and police forces can ignore the court’s opinion 4.Amend state constitutions Answer: #4: The Supremacy Clause overrides state constitutions in favor of the US Constitution. WHICH IS NOT A WAY A SUPREME COURT DECISION CAN BE “EVADED”?

58. The judicial philosophy that respects Congressional lawmaking and precedent:  Judicial restraint

59. Rights of groups that are protected by the 14 th Amendment’s equal protection clause:  Civil Rights

60. Individual rights protected by the Bill of Rights:  Civil liberties

61. The process the Court uses to apply provisions of the Bill of Rights to the 14 th Amendment’s due process clause, thereby nationalizing it (or applying the protection to the states):  Selective incorporation

62. The Court case that established the standard for determining what provisions of the Bill of Rights will be nationalized:  Palko v Connecticut

63. What kind of law is unwritten, issued by Court precedent (like desegregation)?  Common law

64. What two kinds of courts does our dual-court system refer to?  State and federal courts

65. How long to federal appellate and Supreme Court justices serve for? LLife!

66. Who’s power is passive?  The Court’s  The judicial branch’s

67. Where are 90% of all federal cases handled?  District Court

68. If you lose your case in a Federal District Court, where can you ask a higher court to review the case?  Federal Appellate Court  Circuit Court  Courts of Appeal

69. What gives judges the ability to interpret law and legislate from the bench?  Broadly worded laws  Broadly worded Constitution  Judicial Activism

70. If a case can be heard by either a state or federal court (whether originally or on appeal), the authority exercised by both is called:  Concurrent

71. In what case did the Supreme Court first selectively incorporate a provision from the Bill of Rights?  Hint: Free speech case  Hint #2: Think dancing…  Gitlow (get it?) v New York

72.  Where are these words found? “…nor shall any State deprive any person of life, liberty, or property, without due process of law”  14 th Amendment

73. Who decides who writes the opinion of the Court?  Chief Justice  Or, the senior justice with the majority if the CJ didn’t vote with the majority

74. What case established judicial review?  Marbury v Madison

75. What gives the Court the power to check the constitutionality of law and executive orders and declare them null and void if they violate constitutional protections?  Judicial review