In the following court case, the Court overturned the conviction of three defendants whom police had physically tortured in order to extort confessions.

Brown v. Mississippi

In the following case, the Court ruled indigent defendants had a right to counsel.

Gideon v. Wainwright

In the following case, the Supreme Court set forth guidelines and procedures that must be followed when officers want to interrogate an individual.

Miranda v. Arizona

As discussed in class the _________ test looks to whether a defendant was suffering from a mental disease or defect that rendered him incapable of knowing the nature and circumstances of his actions or if he did know, he did not know what he was doing.

M’Naghten

______ looks at the state of mind of an individual at the time that a crime was committed.

Insanity

______ looks at the state of mind of an individual at the time a trial is to commerce.

Competency

_____________ is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion of fraud of the officer.

Entrapment

_______ is a law that is designed to provide notice to the community regarding individuals who have committed certain s*x offenses.

Megans law

True or False: New Jersey is one of the few states that has yet to set a time frame for individuals speedy trial rights.

False

True or False: The Supreme Court has ruled that the death penalty is cruel and unusual punishment.

False

Which amendment provides the right to an attorney?

6

Which amendment provides the right to a speedy and public trial?

6

Which amendment protects against self incrimination?

5

Which amendment protects against cruel and unusual punishment?

8

Where can an Ex Post Facto Clause be found?

Article I Section 9 of the U.S. Constitution and Article I Section 10 of the U.S. Constitution

In the following case, the New Jersey Court once again addressed the ability of police to search automobiles.

State v. Witt

In addition to the automobile exception, we discussed several exceptions to the search warrant requirement. Please name three other exceptions to the search warrant requirement.

Search incident to arrest, Consent to search, Plain view doctrine

In the following case the Court held that the exclusionary rule applied to items that were seized in violation of the 4th amendment.

Mapp v. Ohio

Truth or False: Prayers at a public high school football game are allowed so long as the prayer is conducted by a student and not by a coach.

False

Name two religious clauses found in the 1st amendment.

Establishment clause, Free exercise clause

The court in Lemon v. Kurtzman the court articulated a 3 prong test. Please list each prong of that 3 prong test.

Must have a secular purpose, Cannot inhabit or promote a religion, Must not have entanglement with another religion.

Truth or False: A local townhall/courthouse may never have a nativity scene displayed.

False

In the following case, Justice Oliver Wendall Holmes stated “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater causing panic.”

Schenck v. United States

Which of the following were 1st amendment tests used by the Supreme Court.

• Clear and present danger test

• The regulated speech test

• The bad tendency test

• The balancing test

All of the above

_________ is the most stringent standard the court utilizes when the government restricts subject matter, viewpoint or extent of expression.

Strict scrutiny standard review

The government may place certain restrictions known as _____ , ______, and ______ restrictions so long as they are not seeking to regulate the content of the speech.

Time, Place, and Manner

Name two auxiliary doctrines that the government has used to achieve its ends.

Overbroad, Void of vagueness

In the case the Court upheld the National Park Services ban on sleeping in national parks.

Clark v. Community

In this case, the Court struck down a Texas law that prohibited the desecration of the flag.

Texas v. Johnson

______ is written defamation and ______ is oral/spoken defamation.

Libel and Slander

In this case, the Court ruled that the 1st Amendment protected the rights of corporations and unions to speak and spend independently of candidates through elections.

Citizens United v. FCC

True of False: Under the takings clause the government may take private property as long as the property is not given to a private entity.

False

There are 2 “due process” clauses in 2 separate Amendments of the U.S. constitution. Name the 2 Amendments in the U.S. Constitution where you will find a “due process” clause.

14 and 5

In the following case, the U.S. Supreme Court ruled that the state law regulating working conditions of bakers unconstitutionally infringed upon the right of an employer and employee to contract.

Lochner v. New York

The requirement that the law themselves, in substance, be fair is known as:

Substantive law

The requirement that the policies and/or procedures related to the enforcement of the laws be fair is known as:

Procedural law

In the following case, the U.S. Supreme Court ruled that the state nay regulate the storage of grain.

Munn v. Illinois

In the following case, the U.S. Supreme Court upheld a states forced sterilization statute.

Buck v. Bell

A _________ condemnation occurs when the government has not instituted formal condemnation proceedings, but have engaged in conduct that would substantially diminish the value of a persons property for its intended use.

Inverse

______ damages are those that intend to punish an actor for their conduct.

Punitive

What rights were granted/protected in the original constitution?

Ban on Ex Post Facto laws, Ban on religious tests for federal office, Restrictions on suspending habeas corpus

Who played a leading role in the creation of the Bill of Rights?

James Madison

In class and on the PowerPoint we discussed the Amendments and specific provisions of those amendments that the states have not yet incorporated. Additionally we discussed the recent case of Timbs v. Indiana which updated the provisions that have not yet been incorporated. Please name those provisions that have not been incorporated AND the amendments that they are listed in.

Troops in peacetime 3, Right to trial (civil case) 7, Grand jury clause 5

Name the two cases discussed in class and referenced in the PowerPoint that addressed the right to keep and bear arms?

District of Columbia v. heller, Chicago v. Mcdonald

Which amendment abolished slavery?

13

During World War II President ________ issued an executive order that led to the forced evacuation from the West Coast of 112,000 residents of Japanese ancestry. The case that addressed this governmental action was _________.

Rosevelt, Korematsu

What phrase did Justice Scalia rely on when analyzing the 2nd amendment?

"the right of the people to keep and bear Arms, shall not be infringed". 

In 1215 King John signed ________ which established basic due process rights.

Magna Carta

In 1830 the U.S. congress adopted _______ which led to the forced evacuation of 70,000 Native Americans and became known as ________.

Indian Removal Act, Trail of Tears

In 1791 Congress adopted _________ which established a number of rights including due process rights.

Bill of Rights

In addition to the constitutional doctrine; name two additional interpretations to the constitution.

Textual analysis, Originalism

What interpretation to the constitution was Justice Scalia known for following?

Textual Analysis

When did the constitutional convention take place?

1787

________ is the interpretation to the constitution that is based on the premise that the constitution must be influenced by present day values.

Living constitution

In 1689 England passed ________ which established free speech, the right to bear arms, the right to petition leaders and certain due process rights.

English Bill of Rights

Truth or False: Burton v. Wilmington Parking Authority involved a private segregated restaurants use of a parking facility operated by the State of Delaware. The Court ultimately ruled that although the Restaurant used the parking facility, the Restaurant was a purely private entity and therefore there was no ation on the part of the state.

False

Truth or False: In Griffin v. Maryland the court held that an amusement parks exclusion of blacks constituted state action because, to enforce this private policy, the park had employed a deputy sheriff who, although off duty, wore his badge and purpoted to exercise his official powers.

True

In _____________ the court upheld a Louisiana statute that ordered railroads to provide separate accommodations for whites and blacks under the doctrine of “separate but equal”.

Plessy v. Furgeson

In Plessy, Justice ______ stated “our constitution is color blind and neither knows nor tolerates classes among citizens.”

Harlan

In __________ Chief Justice Earl Warren writing for the majority held that “in the field of public education the doctrine of ‘separate but equal’ has no place”

Plessy v. Furgeson

In this case the Court held that black defendants could challenge on equal protection grounds a states exercise of peremptory challenges.

Swain v. Alabama

In this case the Court held that violent resistance to the desegregation plan of the schools of little rock was “directly traceable” to Arkansas governor.

Cooper v. Aaron

This case arose out of the Georgia school boards decision to discontinue the existing black high school in order to use the building and facilities for black elementary education without establishing a new black high school.

Cummings v. Richmond County Board of Ed.

Which amendment confers to right to vote for those who are 18 years old or older

26

Which amendment prohibits a state from denying a citizen the right to vote on the account of gender

19

Which amendment prohibits a state from denying a citizen the right to vote by reason of failure to pay any poll tax or other tax

26

which amendment prohibits a state from denying a citizen the right to vote on the account of race, color, or previous servitude

15

______ is the drawing of voting districts in a way that is designed to dilute opposition vote

gerrymandering

_____ was the first territory that allowed women to vote in 1869

Wyoming

How many presidents won the presidency after losing the popular vote?

5

Truth or False: Susan B. Anthony was the first woman to cast her vote after the amendment that prohibited a state from denying a citizen the right to vote on the account of gender was passed.

False

How many members of congress represent Washington D.C.

0

______ was the first state that ultimately decided the 2000 election between George Bush and Al Gore

Florida

Which amendments protect privacy rights?

1,3,4,5

In ________ the Supreme Court held that the right to marriage applies equally to same gender couples

Obergefell v. Hodges

___________ was a United States Supreme Court case that expanded the protections of the 4th amendment and ruled that individuals have protection from the government intercepting their private phone conversations without a warrant

Katz v. United States

_______ the court struck down a statute banning contraceptive devices and expanded privacy rights by holding that an individual has a privacy interest in their own body

Griswold v. Connecticut

In _________ the court held for the first time that the constitutional right to privacy is broad enough to encompass a womans decision whether or not to terminate her pregnancy

Roe v. Wade

Name the 3 tests that the court uses when determining the constitutionality of a particular law

Strict scrutiny, Intermediate scrutiny, Rational basis

The _______ test requires that the law must be substantially related to an important government purpose

Intermediate scrutiny

The _________ test requires that the law must be rationally related to a legitimate government interest

Rational basis

The court uses _________ test requires that the law be necessary to achieve a compelling government interest and the law must be narrowly tailored and the lest restrictive alternative

Strict scrutiny

The court uses the __________ test when the law being analyzed involves fundamental rights or a suspect class such as race

Strict scrutiny

The courts use the ______ test when the law being analyzed involves gender

Intermediate

Truth or False: In Michael M. v. Sonoma County Superior Court, the Court upheld a California statutory rape statute that made it a criminal offense to have sexual intercourse with anyone under the age of 18

False

Truth or False: In accordance with the holding in Students for fair Admissions v. Harvard, school admissions programs may take race into consideration in selecting applicants for admission so long as it is narrowly tailored and does not make use of racial quotas for its admission program

False