Ch.4 Benny Martinez 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. Lincoln led the nation through the American Civil War, its bloodiest war and its greatest moral, constitutional, and political crisis.
abolitionists
a person who favors the abolition of a practice or institution, especially capital punishment or (formerly) slavery.
alien and sedition act
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
bill of attainder
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 tria
bill of rights
James Madison wrote the amendments, which list specific prohibitions on governmental power, in response to calls from several states for greater constitutional protection for individual liberties
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
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
civil rights
the rights of citizens to political and social freedom and equality
clear and present danger test
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. Term. -symbolic speech
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 clause
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
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
as an American jurist and politician who served as the 14th Chief Justice of the United States and earlier as the 30th Governor of California
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Eighteenth Amendment
the prohibition of “intoxicating liquors” in the United States
Espionage act
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
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
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
to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments
fifth amendment
to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified in 1791 as part of the Bill of Rights.
fighting words
Fighting words are written or spoken words intended to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction
free exercise clause
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… Historically, the Supreme Court has been inconsistent in dealing with this problem
fundamental freedoms
are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association
Gitlow v. new york
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
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
in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states
lemon test
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
libel
Defamation, calumny, vilification, or traducement is the communication of a false statement that harms the reputation of, depending on the law of the country, an individual, business, product, group, government, religion, or nation
miranda rights
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
was a landmark decision of the United States Supreme Court. In a 5–4 majority, the Court held that both inculpatory and exculpatory statement
Miranda v. California
right against self incrimination requires law enforcement officials to advise a suspect interrogated in custody of their rights to remain silent and to obtain an attorney, at no charge if need be. Supreme Court of Arizona reversed and remanded
New york times co v. sullivan
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 co v. U.S.
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
rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights
occupy wall street
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. The Canadian anti-consumerist and pro-environment group/magazine Adbusters initiated the call for a protest
planned parenthood of southeastern v. casey
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
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this
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
410 U.S. 113 (1973), 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
may have the same ultimate effect as treason, it is generally limited to the offense of organizing or encouraging opposition to government in a manner (such as in speech or writing) that falls short of the more dangerous offenses constituting treason
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
a terrorist attack on the united states
sixth amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence
slander
the action or crime of making a false spoken statement damaging to a person’s reputation
substantive due process
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
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
whose famous acquittal in a libel suit (1735) established the first important victory for freedom of the press in the English colonies of North America.
undue burden test
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
warren court
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
warren e. burger
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. He helped secure the Minnesota delegation’s support for Dwight D. Eisenhower at the 1952 Republican National Convention
whole womans health v. hellerstedt
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
