APGOVCH.4.Cecilia.Martinez Flashcards

1
Q

Abraham Lincoln

A

Abraham Lincoln was an American statesman, politician, and lawyer who served as the 16th president of the United States from 1861 until his assassination in April 1865. Lincoln led the nation through the American Civil War, its bloodiest war and its greatest moral, constitutional, and political crisis.

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2
Q

Abolitionists

A

a person who favors the abolition of a practice or institution, especially capital punishment or (formerly) slavery.

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3
Q

Alien and Sedition acts

A

were passed by the Federalist Congress in 1798 and signed into law by President Adams. These laws included new powers to deport foreigners as well as making it harder for new immigrants to vote.

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4
Q

Bill of attainder

A

A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial.

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5
Q

Bill of rights

A

The United States Bill of Rights comprises the first ten amendments to the United States Constitution.

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6
Q

Black lives matter

A

Black Lives Matter is an international activist movement, originating in the African-American community, that campaigns against violence and systemic racism towards black people.

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7
Q

Burger court

A

The Burger Court refers to the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States.

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8
Q

capital cases

A

is a prosecution case for murder in which a jury is asked to decide whether a defendant should be put to death, if found guilty. A prosecutor must charge special circumstances in order to sentence a defendant to death.

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9
Q

civil liberties

A

Civil liberties or personal freedoms are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation, without due process.

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10
Q

civil rights

A

the rights of citizens to political and social freedom and equality.

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11
Q

clear and present danger test

A

was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly.

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12
Q

Dejonge v. Oregon

A

was a case in which the Supreme Court of the United States held that the Fourteenth Amendment’s due process clause applies to freedom of assembly.

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13
Q

direct incitement test

A

that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur.

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14
Q

double jeopardy clause

A

bars second prosecutions after either acquittal or conviction, and prohibits multiple punishments for the same offense.

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15
Q

due process clause

A

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law.

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16
Q

due process rights

A

the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it.

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17
Q

Earl Warren

A

was an American jurist and politician who served as the 14th Chief Justice of the United States and earlier as the 30th Governor of California.

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18
Q

Eighth amendment

A

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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19
Q

Eighteenth amendment

A

established the prohibition of “intoxicating liquors” in the United States. The amendment was proposed by Congress on December 18, 1917, and was ratified by the requisite number of states on January 16, 1919.

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20
Q

Espionage act

A

is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime.

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21
Q

establishment clause

A

the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.

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22
Q

exclusionary clause

A

is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses.

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23
Q

ex post facto law

A

used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed.

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24
Q

first amendment

A

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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25
Q

fourth amendment

A

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

26
Q

fourteenth amendment

A

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

27
Q

fifth amendment

A

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

28
Q

fighting words

A

written or spoken words intended to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction.

29
Q

free exercise clause

A

refers to the section of the First Amendment italicized here: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… Historically, the Supreme Court has been inconsistent in dealing with this problem.

30
Q

fundamental freedoms

A

are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.

31
Q

Gitlow v. New York

A

was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution had extended the reach of certain

32
Q

grand jury

A

a group of citizens – empowered by law to conduct legal proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify

33
Q

hate speech

A

is a statement intended to demean and brutalize another. It is the use of cruel and derogatory language, gestures or vandalism often directed towards an individual or group

34
Q

incorporation doctrine

A

is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment.

35
Q

lemon test

A

was a case argued before the Supreme Court of the United States. The court ruled in an 8–1 decision that Pennsylvania’s Nonpublic Elementary and Secondary Education Act from 1968 was unconstitutional, violating the Establishment Clause of the First Amendment

36
Q

libel

A

a published false statement that is damaging to a person’s reputation; a written defamation.

37
Q

Miranda rights

A

is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.

38
Q

Miranda v. Arizona

A

A case in which the Court held that law enforcement cannot use testimony given by anyone under interrogation while in custody without that person being present

39
Q

Miller v. California

A

is a landmark decision by the United States Supreme Court wherein the court redefined its definition of obscenity from that of “utterly without socially redeeming value” to that which lacks “serious literary, artistic, political, or scientific value”.

40
Q

New York Times co. v Sullivan

A

actual malice standard that must be met for press reports about public officials to be considered libel. The decision defended free reporting of the civil rights campaigns in the southern United States.

41
Q

New York times co. v U.S.

A

was a landmark decision by the United States Supreme Court on the First Amendment. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment

42
Q

ninth amendment

A

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

43
Q

occupy wall street

A

was a left-wing protest movement that began on September 17, 2011, in Zuccotti Park, located in New York City’s Wall Street financial district, against economic inequality.

44
Q

Planned parenthood of southeastern

A

legal case, decided by the U.S. Supreme Court in 1992, that redefined several provisions regarding abortion rights as established in Roe v. Wade (1973)

45
Q

prior restraint

A

is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression.

46
Q

right to privacy

A

an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals.

47
Q

Roe v. Wade

A

is a landmark decision issued in 1973 by the United States Supreme Court on the issue of the constitutionality of laws that criminalized or restricted access to abortions.

48
Q

sedition laws

A

were four laws passed by the Federalist-dominated 5th United States Congress and signed into law by President John Adams in 1798.

49
Q

selective incorporation

A

is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

50
Q

September 11th

A

were a series of four coordinated terrorist attacks by the Islamic terrorist group al-Qaeda against the United States on the morning of Tuesday, September 11, 2001

51
Q

sixth amendment

A

the section of the Bill of Rights that guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime

52
Q

slander

A

the action or crime of making a false spoken statement damaging to a person’s reputation.

53
Q

substantive due process

A

is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution.

54
Q

symbolic speech

A

is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.

55
Q

tenth amendment

A

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

56
Q

The Crown v. Zenger

A

The 1735 Trial of John Peter Zenger is an important precedent in free speech cases

57
Q

undue burden test

A

are a shorthand to a collection of similar-sounding, but legally distinct, standards invoked in various areas of United States constitutional law

58
Q

warren court

A

was the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice. Warren replaced the deceased Fred M. Vinson as Chief Justice in 1953, and Warren remained in office until he retired in 1969.

59
Q

Warren E. Burger

A

was the 15th Chief Justice of the United States, serving from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931.

60
Q

Whole women’s help v. Heller’s

A

is a landmark United States Supreme Court case decided on June 27, 2016. The Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion.

61
Q

Writ of habeas corpus

A

is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.