Humphries American Government Test 2 Review

What are the five protections the First Amendment gives you?

1. freedom of speech

2. freedom of religion

3. freedom of peaceful assembly

4. freedom of the press

5. freedom to petition government for a redress of grievances

When a court issues a ruling that changes the application of a Law a __________ is set that will guide future judges when faced with similar questions.

precedent

Which category of law focuses on previous judicial decisions, and how do the results of those decisions affect applying law?

case law

In addition to protecting the right to peaceful protest, the peaceful assembly clause implies what right?

right of private and political association

Which court ruling found that the First Amendment creates a zone of privacy?

Griswold v. Connecticut

Name the two clauses related to religion in the first amendment:

1. establishment clause

2. free exercise clause

Religious expression can be suppressed if:

it contains activity illegal to the entire population

Any government action seeking to limit speech must pass through ________________. Which requires the government to have a critical interest in protecting the public.

strict scrutiny

Which state established that speech can be suppressed if it poses a clear and present danger?

Shanck v. US

In the 1969 case of Tinker v. Demion the ruling found that:

student's right to speech can be suppressed to maintain discipline

Speech involving libel or slander is not protected. What is libel? What is slander?

libel: writing something untrue about someone with malicious intent

slander: saying something untrue about someone with malicious intent

What is the result of the ruling in Hustler Magazine v. Jerry Falwell?

Speech made in the forum as a joke is not subject to libel or slander

What is the exclusionary rule?

evidence attained from your home or property without a warrant, cannot be used in court.

According to the Fifth Amendment, no person shall be held to answer for an infamous crime unless on the ________________ of a grand jury.

inditement (indite)

The Eighth Amendment bands cruel and unusual punishment and what other practice?

excessive bale

Cite four examples of procedural due process:

1. right to be charged

2. right to remain silent

3. right to attorney

4. right to impartial jury

(right of a speedy trial, right to view opposing witnesses and discovery)

The equal protection clause can be found in which amendment of the constitution?

14th amendment

The equal protection clause was used in determining which of the following legal precedents?

Obergaphel v. Hodges (bans on gay marriage were unconstitutional)

What was the landmark legislation that gave the federal government the authority to end segregation in both private and public settings?

the civil rights act of 1964

Unlike in a criminal case, the plaintiff in a civil case must present _________________ in order to win a favorable outcome.

the greater weight of evidence

If someone is arrested by law enforcement in Brevard County, what court of original jurisdiction will likely hear the case?

florida's 18th judicial circuit

Which branch of government do most federal law enforcement agencies answer to?

the executive branch

Which judicial office is responsible for prosecuting most felony offenses?

the state attorney

Starydecisous refers to what?

the tendency for judges to follow existing legal precedents.

What are the three requirements for standing in court?

1. evidence of injury

2. causation between injury and defendant

3. redressability

How many electors are in the Electoral College?

538

(-3 electoral voters from D.C.

-435 from House

-100 from Senate)

How many electors in the electorial college must the candidate win to become president?

270

In the event of a tie of the Electoral College, how is the Presidency decided (what body determines)?

the house of representitives determines the president

Presidential Electors in each state are selected by:

political parties

How do the electoral system and regulations regarding campaign and tax spending correlate to the two-party duopoly in the US?

1. The winner-take-all system further reinforces the dominance of the two major parties, and voters want their vote to matter so they vote for one of the two because one of the parties in the duopoly will win.

2. This system effectively disenfranchises voters who support third parties or minor candidates, as their votes have little impact on the outcome of the election