Freedom of Speech
True or False?
The First Amendment prohibits states, as well as the federal government, from making laws that abridge freedom of speech.
TRUE
These are the two First Amendment clauses regarding religion.
Establishment and Free Exercise
This is the something of value each party must give up, the price paid for a promise.
Consideration
This power of the Supreme Court to declare legislative acts unconstitutional is called...
Judicial Review
Under the doctrine of _______ liability, a defendant can be held responsible for damages regardless of fault or intent.
Strict
The legal term for a published false statement that harms a person's reputation.
Libel (Defamation)
He famously described the First Amendment as building a "wall of separation" between church and state.
Thomas Jefferson
When one party fails to fulfill their obligations under a contract without legal excuse.
Breach
Under the _______ clause, Congress has authority to regulate business activities that cross state lines.
Commerce
The legal standard used to determine if a defendant's conduct fell below the required care is that of a(n) _________ person under similar circumstances.
Reasonable
In ___________ v Des Moines (1969) the Supreme Court declared that students do not "shed their constitutional rights to freedom of speech at the schoolhouse gate."
Tinker
A three-part standard used by courts to determine if a government action violates the Establishment Clause. It has been superseded.
The Lemon Test
If an acceptance does not exactly match the terms of the offer, it is considered ____________.
A counteroffer
These are the Reconstruction Amendments. They abolished slavery, guaranteed equal legal protection, and granted voting rights to black men.
Thirteenth, Fourteenth and Fifteenth
A(n) ________ tort occurs when a person purposefully engages in conduct that causes harm to another.
Intentional
This is the practice of censoring or stopping speech before it occurs is generally prohibited to the government.
Prior restraint
The kind of interests that permit the government to limit religious practices.
Compelling (overriding)
An acceptance is generally effective... a) as soon as it is dispatched b) when it is received
As soon as it is dispatched (mailbox rule)
This amendment provides a right to due process of law.
The Fifth Amendment
In a negligence case, the plaintiff must prove four elements, duty, breach, damages, and this.
Causation
As long as the rules are neutral, public schools can regulate these three aspects of speech pertaining to protests.
Time, place and manner
In this Supreme Court case, Amish families in this state could not be forced to send their children to school past the eighth grade due to their religious beliefs.
Wisconsin
Under the Statute of Frauds, certain kinds of contracts must ______________.
Be in writing
This amendment reserves all powers not specifically delegated to the federal government to the states or the people.
The Tenth Amendment
This defense to negligence where the plaintiff's recovery is reduced in proportion to their own degree of fault is called ______________ negligence.
Comparative