Brooke ch. 4 Flashcards
abraham lincoln
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.
abolitionists
a person who favors the abolition of a practice or institution, especially capital punishment or slavery.
alien and sedition acts
A series of laws known collectively as the Alien and Sedition Acts were passed by the Federalist Congress in 1798 and signed into law by President Adams.
bill of attainder
an item of legislation (prohibited by the US Constitution) that inflicts attainder without judicial process.
bill of rights
the first ten amendments to the United States Constitution.
black lives matter
Black Lives Matter is an international activist movement, originating in the African-American community, that campaigns against violence and systemic racism towards black people.
burger court
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.
capital cases
Capital case 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.
civil liberties
the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech.
clear and present danger test
Clear and present danger 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.
DeJonge v. Oregon
De Jonge v. Oregon, 299 U.S. 353, 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.
direct incitement test
Brandenbrug vs Ohio, that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur.
double jeopardy clause
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb…
due process rights
Due process is 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.
earl warren
Earl Warren 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. Wikipedia
eighth amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
eighteenth amendment
The Eighteenth Amendment of the United States Constitution 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.
espionage act
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I.
establishment clause
the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.
exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
ex post facto law
An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.
first amendment
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.
fourth amendment
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.
fourteenth amendment
the amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves following the American Civil War.
fifth amendment
an amendment to the US Constitution that contains a number of provisions relating to criminal law, including guarantees of due process and of the right to refuse to answer questions in order to avoid incriminating oneself.
fighting words
words expressing an insult, especially of an ethnic, racial, or sexist nature.
free exercise clause
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.
fundamental freedoms
The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Gilton v. New York (1925)
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 limitations on federal government authority set forth in the First Amendment
grand jury
a jury, typically of twenty-three people, selected to examine the validity of an accusation before trial.
hate speech
abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.
incorporation doctrine
The incorporation doctrine 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.
lemon test
Lemon test refers to the process of determining as to when a law has the effect of establishing religion. The Lemon test was formulated by Chief Justice Warren Burger in Lemon v. Kurtzman, 411 U.S. 192 (U.S. 1973).
libel
a published false statement that is damaging to a person’s reputation; a written defamation.
miranda rights
In the United States, the Miranda warning 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.
miranda v. arizona (1966)
the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. … Miranda appealed to the U.S. Supreme Court, which reviewed the case in 1966.
miller v. california (1973)
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”.
New York Times Co v. Sullivan (1964)
New York Times Co. v. Sullivan, 376 U.S. 254, was a landmark United States Supreme Court case that established the 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.
New York times Co v. U.s. (1971)
New York Times Co. v. United States, 403 U.S. 713, 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.
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
occupy wall street
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.
planned parenthood of southeastern pennsylvania v Casey (1992)
Planned Parenthood v. Casey, 505 U.S. 833, was a landmark United States Supreme Court case in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion was challenged.
prior restraint
Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression.
right to privacy
the right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy.
Roe v. Wade (1973)
Roe v. Wade, 410 U.S. 113, 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.
sedition laws
Sedition is overt conduct, such as speech and organization, that tends toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent towards, or resistance against established authority.
selective incorporation
in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.
september 11th
The September 11 attacks 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.
sixteenth amendment
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
slander
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substantive due process
In United States constitutional law, substantive due process 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.
symbolic speech
symbolic speech 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
tenth amendment
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.
the crown v zenger
an English barrister newly-arrived in New York, to lead an examination of the newspaper for statements that constituted the crime of seditious libel.
undue burden test
In the field of reproductive rights, having the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a fetus that is not yet viable. Laws that impose an undue burden on a fundamental right are unconstitutional under current Supreme Court cases.
warren court
The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. … The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.
warren e burger
was the 15th Chief Justice of the United States, serving from 1969 to 1986.
whole womanś health v Hellerstedt (2016)
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.
writ of habeas corpus
Habeas corpus 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.
civil rights
the rights of citizens to political and social freedom and equality.
sixth amendment
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights.
