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ap gov > Ap gov test 4 and 5 > Flashcards

Ap gov test 4 and 5 Flashcards

1
Q

civil liberties

A

constitutional and other legal protections against gov actions; written in the bill of rights

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2
Q

bill of rights

A

1st ten amendments define basic liberties as freedom of speech, religion, press and guarantee defendants rights.

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3
Q

1st ammendment

A

protects 4 great liberties, freedome of speech, religion, of press and freedom of assembly

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4
Q

baron vs baltimore

A

supreme court case, holding bill of rights, restrained only national gov but not state and city assembly (states dont protect civil liberties)

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5
Q

14th amendment

A

adopted after civil war; “no state shall make or enforce any any law that shall thwart the privileges and immunities of citizens in the US. nor shall it deprive life, liberty and property, w/o due process of law, nor deny to any person within its juristriction the equal protection of the laws

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6
Q

giltow vs new york

A

supreme court case, holding the freedoms of press and speech are “fundemental personal rights” liberties protected by there due process clause in teh 14th ammendment by the states” as well as federally

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7
Q

due process clause

A

14th ammendment, guaranteeing people cannot deprived of life, liberty, or property by us or state gov without due process of law

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8
Q

incorporation doctrine

A

legal concept under which supreme court has nationalized bill of rights by making most of its provisions applicable to states through the 14th amendment

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9
Q

establishment clause

A

1st amendment; “congress shall make no laws respecting an establishment of religion”

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10
Q

free excercise clause

A

1st amendment; “prohibits gov from interfering w/ practice of religion”

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11
Q

Lemon vs kurtzman

A

supreme court case; aid to church related schools must have 1) secular legislative purpose 2) primary effect that neither advances nor prohibits religion 3) not foster excessive gov entanglement w/ religion

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12
Q

zelman vs simmons

A

supreme court case; upheld state program that provided vouchers that could help pay tuition at religious schools.

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13
Q

engel vs vitale

A

supreme court case; state offcials violated 1st amendment when they required tha prayer be recited by public school children

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14
Q

school district of Abington Pennsylvania vs schmepp

A

supreme court case; pennsylvania law requiring bible reading in schools violated the est. clause of 1st amendment

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15
Q

prior restraint

A

gov actions that that prevent material from being published, prior restraint is prohibited by 1st ammendment

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16
Q

near vs minnesota

A

supreme court case, first amendment protects newspaper from prior restraint

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17
Q

schneck vs us

A

supreme court case, conviction of socialist who had urged resistance to draft during world war 2. Holmes declared taht gov can limit speech is the speech provokes a ‘clear and present danger’

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18
Q

miller vs cali

A

supreme court case, community standard be used to determine whether material is obscene. 1) prurient intent (perverts liek it) 2)patently offensive 3) lacking in serious literary, artistic, political or scientific value

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19
Q

roth vs US

A

supreme court case, obscenity is not within that area of constitutionally protected speech or press

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20
Q

libel and slander

A

publication of false and malicious statements that may damage someone reputation; libel (written), slander (spoken)

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21
Q

new york time co. vs sullivan

A

supreme court case, to win damage suits for libel,, public figures prove that the defamatory statements about them were made w/ active malice and reduces disregard for truth. Private institutions have less standards then public figures for showing falsehood in statements

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22
Q

texas vs johnson

A

supreme court case, struck down law banning burning of flag, such actions was symbolic speech protected by 1st amendment

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23
Q

symbolic speech

A

nonverbal communication, (burning a. flag,, wearing armbands,) some symbolic speech is protect by the fist amendment

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24
Q

zurcher vs standford daily

A

supreme court case, search warrant could be applied to newspaper w/o necessary violating 1st amendment fright to freedom of speech

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25
Q

commerical speech

A

advertising which can be restriced more than many other types of speech

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26
Q

miami herald publish co. vs tornillo

A

supreme court case, state could not force newspaper to print replies from canidatedes it had criticized, case illustrates the limited power of gov to restrict print media

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27
Q

red lion broadcasting vs fed comm commisios

A

supreme court case, upheld restrictions on radio and televisions, court reassured that reg radio and tele broadcasting is justified bc there are only a limited # of broadcasting available

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28
Q

Ncaap vs alabama

A

supreme court case, right to assemble meant that alabama couldnt require NCAAp to reveal its mebership to them

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29
Q

mcdonalds vs chicago

A

supreme court case, extended 2nd amendment rights limits on restricting ind rights to bear arms to state and local gun control laws

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30
Q

probable cause

A

reasonable ground for believing person is guilty of crime, police must have probable cause to makes arrest

31
Q

unreasonable search adn siezure

A

unconstitutional to obtaion evidence in a unlawful manner, police must have probable cause or search warrant in order to make legal and proper sear and siezure of incriminating evidence

32
Q

search warrant

A

written authorization from court specifiying area to be searched and what police may search for

33
Q

exclusionary rule

A

rule that evidence cannot be brought to trial if it was not obtained in a constitutional manner, rule prohibits use of evidence obtained through unreasonable search adn seizure

34
Q

mapp vs ohio

A

supreme court case, 4th amendment protection against unresonable searches and seizures must b extended to states

35
Q

5th amendment

A

desgined to protect rights of a person accused of crime; protection against double jeapordt, self incrimination, punishment w/o due process

36
Q

self incrimination

A

being a witness agianst oneself;5th amendment forbids involuntary self incrimination

37
Q

Miranda vs arizona

A

supreme court case, set guideline for police questioning and against self incrimination and to protect their right to counsel

38
Q

6th amendment

A

designed to protect accused of crime, right to counsel, confront witnesses, right to a public and speedy trial

39
Q

gideon vs wainwright

A

supreme court case, anyone accused of felon where imprisonment may be imposed has a right to a lawyer, gov has to provide one if too por to afford

40
Q

plea bargaining

A

happens in 90% of cases, bargain between defendant and prosecuter that defandatn will plead guily to loser crime instead of being charged for seroud crime

41
Q

8th amendment

A

forbids cruel and unusual punishment

42
Q

cruel and unusual punishments

A

court sustains prohibited by 8th amendment

43
Q

gregg vs georgia

A

supreme court case, death penalty as “extreme sanction, suitable to most extreme crimes”

44
Q

mcclesky vs kemp

A

supreme court case, death penalty changed violated the 14th amendment bc minorties were more likely to receive it

45
Q

right to privacy

A

right to private personal likfe free from intrusion of government. Not expicitly written in the consitituion

46
Q

roe vs wade

A

supreme court case; texas state ban on abortions was unconstituional; forbade state control over abortions during 1st trimester, permited stae limit abortions to protect mothers health in 2nd trimester, to ban abortions in third trimester

47
Q

planned parenthood vs casey

A

supreme court case, loosened standared for evaluation restrictions on abortion from one of “strictly scrutinity” of any restraints on a :fundemental right” to abortion to one in which regulations not impose an “undue burden” or worse

48
Q

civil rights

A

policies designed to protect people against arbitrary and discriminatory treatment by gov officials or individuals

49
Q

equal protection of laws

A

part of 14th amendment: emphasizes laws must provide equivalent protection to all people

50
Q

the 3 standards of review

A

inherently suspect (difficult to meet), intermediate scrutiny (moderate difficult to meet), reasonableness (easy to meet)

51
Q

dred scott vs sanford

A

supreme court case, slave who escaped to free state had no rights as a citizen and congress had no power to ban slavery in territories

52
Q

13th amendment

A

ratified after civil war that forbade slavery and involuntary servitude

53
Q

plessy vs ferguson

A

supreme court case, school segregation by saying Louisiana equal but separate accommodations for black and white was constitutional

54
Q

brown vs board of education

A

supreme court case, school segregation is unconstitutional bc it violates 14th amendment about equal protections; the case that ended legal segreagation

55
Q

civil rights act of 1964

A

law making racial discrimination in public illegal; forbade job discrimination; strengthened voting rights

56
Q

sufferage

A

legal right to vote extended to POC and women

57
Q

15th amendment

A

extended sufferage to POC

58
Q

poll taxes

A

small taxes to give right to vote; use in southern states to exclude POC

59
Q

white primary

A

primary election ehich excluded POc, supreme court declared this unconstituinal

60
Q

voting rights act of 1965

A

law desgined ot end informal and formal barres to POC sufferage

61
Q

hernandez vs texas

A

supreme court case, extended protection against discrimination to lations; allowed lations to be attournies and to be members of the jury

62
Q

korematsu vs US

A

supreme court case, constituinal the incampment of 100000 japanese during world war 2; overturned in 2018

63
Q

19th amendment

A

guarantees women right to vote in 1920

64
Q

equal rights amendment

A

failed amendment, equality of rights under law shall not be denied or abdanged by us or any state on account of sex

65
Q

reed vs reed

A

landmark supreme court case, first time upholding a claim of gender discrimination

66
Q

craig vs boron

A

supreme court case, intermediate scrutiny standard for determining gender discrimination

67
Q

american with disabillities act of 1990

A

required employers to make reasonable accommodations for people with disabilities prohibiting discrimination against these indv.

68
Q

affirmative action

A

policy designed to give special attention for members of scene previously disadvantaged groups

69
Q

regents of uc vs bakke

A

supreme court case, may weigh ethnic background as 1 element in admissions but cannot set ad=side places for members of certain groups

70
Q

anaande construction vs Pena

A

supreme court case, unconstituinal for federal programs to classify people by race, even for good purposes

71
Q

de jure

A

LAW is unconstitional (jim crow laws)

72
Q

de facto

A

discrimination just happens (not intentional)

73
Q

who is the poorest and most discriminated against minority

A

native americans

ap gov (7 decks)

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