BUL 4421 FAU GENDLER UPDATED EXAMS TEST
PAPER QUESTIONS AND ANSWERS SURE A+
✔✔Federal and State Governments - ✔✔Cannot deprive individuals of the freedoms
protected by the Bill of Rights
✔✔1st Amendment - ✔✔Guarantees freedom of speech, including gestures and other
forms of the press
✔✔The 1st Amendment is not an "absolute right", which means - ✔✔A person cannot
yell fire in a crowded theatre, make false statements of fact that are injurious to
another's reputation, or to use obscenity (fighting words, defamatory words, and
obscenity are unprotected speech)
✔✔4th Amendment - ✔✔Prohibits government from conducting unreasonable searches
of individuals and seizing their property to use as evidence against them
✔✔Search Warrant - ✔✔A court order that authorizes law enforcement agents to search
for or seize items specifically described in the warrant
✔✔Government officials can obtain search warrants only if they can show _____ to
believe that search warrant will uncover specific evidence of criminal activity -
✔✔Probable cause
, ✔✔5th Amendment - ✔✔Protects against self-incrimination and double jeopardy
✔✔Under the 5th Amendment, in a criminal case, the defendant does not have to -
✔✔Testify in court as a witness against himself or herself
✔✔Double Jeopardy - ✔✔Cannot be tried for the same crime twice
✔✔Due Process Clause - ✔✔Under the 5th Amendment, Government cannot deprive a
person of life, liberty, or property without due process of law
✔✔Procedural Due Process - ✔✔Requires government use fair procedures, entitles a
person to notice of any legal actions against him/her and the opportunity to be heard at
a hearing before an impartial tribunal
✔✔Substantive Due Process - ✔✔Refers to the basic fairness of laws that may deprive
an individual of life, liberty, or property
✔✔14th Amendment Equal Protection Clause consists of - ✔✔Strict Scrutiny,
Intermediate Scrutiny and Rational Basis
✔✔Strict Scrutiny - ✔✔Applies if a law prevents individuals from exercising a
fundamental right, or if the law's classification scheme involves suspect classifications
on race, national origin, or citizenship
✔✔Intermediate Scrutiny - ✔✔Applies if the law's classification scheme is based on
gender or the legitimacy of children
✔✔Rational Basis - ✔✔When a classification scheme involves other matters, courts
apply a rational-basis test
✔✔Government must demonstrate which elements of a crime - ✔✔- Actus Reus (guilty
act)
- Mens Rea (guilty mind)
✔✔Mens Rea - ✔✔Guilty mind
✔✔Actus Reus - ✔✔Guilty act
✔✔What is an exception to Mens Rea? (does not apply) - ✔✔Strict Liability Crimes
✔✔Strict Liability Crimes - ✔✔Liability without fault that applies to an action that,
regardless of the care taken, are specifically prohibited, such as selling
cigarettes/alcohol to a minor
PAPER QUESTIONS AND ANSWERS SURE A+
✔✔Federal and State Governments - ✔✔Cannot deprive individuals of the freedoms
protected by the Bill of Rights
✔✔1st Amendment - ✔✔Guarantees freedom of speech, including gestures and other
forms of the press
✔✔The 1st Amendment is not an "absolute right", which means - ✔✔A person cannot
yell fire in a crowded theatre, make false statements of fact that are injurious to
another's reputation, or to use obscenity (fighting words, defamatory words, and
obscenity are unprotected speech)
✔✔4th Amendment - ✔✔Prohibits government from conducting unreasonable searches
of individuals and seizing their property to use as evidence against them
✔✔Search Warrant - ✔✔A court order that authorizes law enforcement agents to search
for or seize items specifically described in the warrant
✔✔Government officials can obtain search warrants only if they can show _____ to
believe that search warrant will uncover specific evidence of criminal activity -
✔✔Probable cause
, ✔✔5th Amendment - ✔✔Protects against self-incrimination and double jeopardy
✔✔Under the 5th Amendment, in a criminal case, the defendant does not have to -
✔✔Testify in court as a witness against himself or herself
✔✔Double Jeopardy - ✔✔Cannot be tried for the same crime twice
✔✔Due Process Clause - ✔✔Under the 5th Amendment, Government cannot deprive a
person of life, liberty, or property without due process of law
✔✔Procedural Due Process - ✔✔Requires government use fair procedures, entitles a
person to notice of any legal actions against him/her and the opportunity to be heard at
a hearing before an impartial tribunal
✔✔Substantive Due Process - ✔✔Refers to the basic fairness of laws that may deprive
an individual of life, liberty, or property
✔✔14th Amendment Equal Protection Clause consists of - ✔✔Strict Scrutiny,
Intermediate Scrutiny and Rational Basis
✔✔Strict Scrutiny - ✔✔Applies if a law prevents individuals from exercising a
fundamental right, or if the law's classification scheme involves suspect classifications
on race, national origin, or citizenship
✔✔Intermediate Scrutiny - ✔✔Applies if the law's classification scheme is based on
gender or the legitimacy of children
✔✔Rational Basis - ✔✔When a classification scheme involves other matters, courts
apply a rational-basis test
✔✔Government must demonstrate which elements of a crime - ✔✔- Actus Reus (guilty
act)
- Mens Rea (guilty mind)
✔✔Mens Rea - ✔✔Guilty mind
✔✔Actus Reus - ✔✔Guilty act
✔✔What is an exception to Mens Rea? (does not apply) - ✔✔Strict Liability Crimes
✔✔Strict Liability Crimes - ✔✔Liability without fault that applies to an action that,
regardless of the care taken, are specifically prohibited, such as selling
cigarettes/alcohol to a minor
