Exam 3: Making Law

Sources of individual rights include which of the following?

Speech contained in advertising, song lyrics, books, magazines, and so forth is known as:

Speech likely to provoke a violent response is referred to as:

Which position of incorporation maintains that the due process clause protects only "fundamental rights" and that not every right in the Bill of Rights is necessarily fundamental?

Which of the following was the U.S. Supreme Court's very first constitutional decision?

In which case did the U.S. Supreme Court hold that the right to a speedy trial means that the defendant must be brought to trial without "unnecessary delay"?

Stare decisis involves a respect for and belief in the validity of precedent.

Which privilege allows a defendant to refuse to speak to police about the crime charged and to refuse to testify at trial?

In which case did the U.S. Supreme Court rule that a person considered to be a threat to public safety may be denied bail?

____________ are frequently written broadly, leaving administrative agencies with the task of filling in the blanks.

Which amendment has been largely ignored by the U.S. Supreme Court and states that the rights not delegated to the federal government by the Constitution are reserved for the states or individual citizens?

The common law was biblical law.

The term incorporation means that the justices of the U.S. Supreme Court:

The Fifth Amendment includes which of the following?

Over time, selective incorporation has led to the incorporation of virtually everything in the Bill of Rights.

Statutes are collected into:

Discuss judicial review and the case of Marbury v. Madison (1803). Do you feel that the U.S. Supreme Court should have the ability to conduct judicial review? Why or why not?

An indictment is a document filed directly with the court by the prosecutor, thus bypassing the grand jury.

The first eight amendments in the Bill of Rights set out how many individual rights?

U.S. Supreme Court Justice William Douglas was a principle advocate of the total incorporation plus approach in regards to the incorporation of the Bill of Rights.