LGS 200 Exam 2 ACTUAL QUESTIONS AND
CORRECT ANSWERS
4th amendment - CORRECT ANSWER protection against unreasonable searches and
seizures in persons, papers, houses and effects
What constitutes a search - CORRECT ANSWER when a government actor infringes
on a person's reasonable expectation of privacy
What constitutes a seizure - CORRECT ANSWER when a government actor, by means
of contact or show of authority, restrains a person or interferes with an individual's possessory
interest
Exceptions to the unreasonable presumption - CORRECT ANSWER consent, plain
view, automobiles (probable cause), search incident to a lawful arrest, stop and frisk
(reasonable articulable suspicion)
Exclusionary Rule - CORRECT ANSWER if the government violates someone's fourth
amendment rights, they can't use the evidence obtained from it.
5th amendment - CORRECT ANSWER no person shall be compelled to witness
against themselves
6th amendment - CORRECT ANSWER right to counsel in a criminal prosecution
When do 6th amendment rights kick in - CORRECT ANSWER critical stages of a
criminal case: evidentiary and suppression hearings, post-indictment lineups and
interrogations, trial proceedings
Difference between due process clauses in the 5th and 14th - CORRECT ANSWER 5th
- no person shall be deprived of life, liberty, or property without due process (1791).
14th - no state shall deprive of these things (1868).
, Who is guaranteed due process of the law - CORRECT ANSWER all persons born or
naturalized in the US or subject to the jurisdiction thereof.
Procedural Due Process - CORRECT ANSWER concerns the procedures that the
government must follow before it deprives
What 2 procedures satisfy due process - CORRECT ANSWER notice & opportunity to
be heard
Substantive Due Process - CORRECT ANSWER concerns the substance of law that
affects a person's life, liberty, or property rights
Fundamental right - CORRECT ANSWER something so deeply rooted in the history
and traditions of the US
- right to marriage
- right to privacy
What happens when the government infringes? - CORRECT ANSWER court applies
strict scrutiny
A law that infringes will still be constitutional if: - CORRECT ANSWER - law
achieves a compelling government interest
- and the law is narrowly-tailored to achieve that interest
Goss v. Lopez - CORRECT ANSWER Gave students facing suspension due process
rights in schools, entitlement to public education as a property interest.
1st amendment - CORRECT ANSWER Freedom of Religion, Speech, Press,
Assembly, and Petition
CORRECT ANSWERS
4th amendment - CORRECT ANSWER protection against unreasonable searches and
seizures in persons, papers, houses and effects
What constitutes a search - CORRECT ANSWER when a government actor infringes
on a person's reasonable expectation of privacy
What constitutes a seizure - CORRECT ANSWER when a government actor, by means
of contact or show of authority, restrains a person or interferes with an individual's possessory
interest
Exceptions to the unreasonable presumption - CORRECT ANSWER consent, plain
view, automobiles (probable cause), search incident to a lawful arrest, stop and frisk
(reasonable articulable suspicion)
Exclusionary Rule - CORRECT ANSWER if the government violates someone's fourth
amendment rights, they can't use the evidence obtained from it.
5th amendment - CORRECT ANSWER no person shall be compelled to witness
against themselves
6th amendment - CORRECT ANSWER right to counsel in a criminal prosecution
When do 6th amendment rights kick in - CORRECT ANSWER critical stages of a
criminal case: evidentiary and suppression hearings, post-indictment lineups and
interrogations, trial proceedings
Difference between due process clauses in the 5th and 14th - CORRECT ANSWER 5th
- no person shall be deprived of life, liberty, or property without due process (1791).
14th - no state shall deprive of these things (1868).
, Who is guaranteed due process of the law - CORRECT ANSWER all persons born or
naturalized in the US or subject to the jurisdiction thereof.
Procedural Due Process - CORRECT ANSWER concerns the procedures that the
government must follow before it deprives
What 2 procedures satisfy due process - CORRECT ANSWER notice & opportunity to
be heard
Substantive Due Process - CORRECT ANSWER concerns the substance of law that
affects a person's life, liberty, or property rights
Fundamental right - CORRECT ANSWER something so deeply rooted in the history
and traditions of the US
- right to marriage
- right to privacy
What happens when the government infringes? - CORRECT ANSWER court applies
strict scrutiny
A law that infringes will still be constitutional if: - CORRECT ANSWER - law
achieves a compelling government interest
- and the law is narrowly-tailored to achieve that interest
Goss v. Lopez - CORRECT ANSWER Gave students facing suspension due process
rights in schools, entitlement to public education as a property interest.
1st amendment - CORRECT ANSWER Freedom of Religion, Speech, Press,
Assembly, and Petition
