AP Gov- Bill of Rights Quiz

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38 Terms

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1st Amendment

freedom of religion, exercise of religion, freedom of speech, press, assembly, petition (RAPPS)

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2nd Amendment

Right to bear arms

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3rd Amendment

No quartering of troops

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4th Amendment

no unreasonable search and seizure

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5th Amendment

grand jury, no double jeopardy, self-incrimination, due process, no private property taken w/o compensation

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6th Amendment

speedy and public trial, impartial jury, informed of charges against self, face accuser, obtain witnesses in favor, right to counsel

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7th Amendment

trial by jury in a civil suit

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8th Amendment

no excessive bail, excessive fines, or cruel and unusual punishment

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9th Amendment

People's rights

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10th Amendment

States' rights

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Rights of the Accused

4,5,6,8

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Privacy

1,3,4,9

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free exercise clause (exercise of religion)

people have the right to practice religion as they please

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establishment clause (freedom of religion)

government can't make any law establishing or favoring a religion

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lemon test (freedom of religion)

legal standard to determine if a law violates the establishment clause

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libel (speech and press)

written defamation (communication of a false statement that harms the reputation of another) that is NOT protected. false speech meant to harm

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slander (speech and press)

spoken defamation, not protected

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symbolic speech (freedom of speech)

nonverbal, non written communication. protected unless causes a direct threat to individual or public interest

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prior restraint (freedom of press)

no censorship of press

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Protests (assembly)

right to a peaceable assembly of people not in violation of other laws

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probable cause (4th)

have to have a valid reason to search without a warrant

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exclusionary rule (4th)

government can't use evidence gathered in violation of the CON. (any evidence gained illegally is permissible in court)

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arrest warrant (4th)

specific name and charge to seize a person

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search warrant (4th)

no warrant is issued w/o probable cause. signed by a judge, and says place to be searched and things to be seized

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grand jury trial (5th)

determine if there is enough evidence to go to trial

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indictment (5th- grand jury)

crime has to be instituted by a grand jury, formal charge of crime

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double jeopardy (5th)

can't be tried twice for the same crime

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self-incrimination (5th)

right to remain silent during arrest and trial. do not have to testify against self if you may incriminate yourself.

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due process clause (5th)

government will not take life, liberty, property w/o this. requires the government to follow specific legal proceedings

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eminent domain (5th-property)

power of gov to take private property for public use only with just compensation

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change of venue (6th)

court has to do this when publicity invades unbiased jury, not ensuring a fair trial. in order to get a jury free from bias

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habeas corpus (6th)

right to be told by judge of charges against you

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subpoena (6th)

call witness on your behalf, legal requirement for them to show up to court

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jury trial (7th)

citizens have a right to this in civil cases where the claim exceeds $20

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death penalty (8th)

supreme has ruled that this does not violate the 8th amendment

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unenumerated rights (9th)

rights not listed in the amendment are still available

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state sovereignty (10th)

powers not given to the fed gov reserved for states

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reserved powers (10th)

powers of the states ALONE. outlines federalism