Chapter 10 Flashcards

0
Q

civil rights

A

the equal status and treatment in the eyes of the government and to participate equally in the government

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1
Q

civil liberties

A

the basic freedoms to think and to act that all people possess, and the government must protect (social contract theory)

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2
Q

due process of the law

A

following established and complete legal procedures

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3
Q

Engel v. Vitale

A

the court used the establishment clause to eliminate religious activity of al sorts; which had originally been part of public ceremonies

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4
Q

Lemon v. Kurtzman

A

give public funds, to religious public schools

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5
Q

slander

A

a spoken defamatory statement

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6
Q

libel

A

defamation in print

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7
Q

treason

A

making war against the US or giving “aid and comfort” to it’s enemies

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8
Q

sedition

A

speech or actions that inspire revolt against the government

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9
Q

Schneck v. United States

A

the most strict protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic

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10
Q

Who broadcasts TV, Radio and Internet

A

The Federal Communications Commission

The FCC

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11
Q

Which is less regulated cable TV or broadcast TV?

A

Broadcast TV because you have to pay for cable TV and it takes effort to get to different channels

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12
Q

Prior restraint

A

government action that seeks to prevent materials form being published

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13
Q

Near v. Minnesota

A

they said what they did was illegal but the people can be punished if the publish a paper in a criminal proceeding

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14
Q

Symbolic speech

A

the communication of ideas through symbols and actions

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15
Q

Texas v. Johnson

A

the Supreme Court ruled that burning the American flag as part of a political protest was a protected act of free speech

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16
Q

What are the requirements for assemblies to be legal?

A

Must be peaceful

Must follow local laws and ordinances (have a permit from a local government)

17
Q

Exclusionary Rule

A

evidence obtained illegally may not be used in a trial against a person

18
Q

Map v. Ohio

A

court expanded the exclusionary rule to state actions

19
Q

in “plain view”

A

they can only seize if its “in plain view” and the office doesn’t search for it

20
Q

When are warrants needed?

Pedestrians

A

stopping a person is considered a seizure police can stop som eone on the basis of reasonable suspicion

21
Q

When are warrants needed?

Cars

A

The 4th Ammendments:

under some circumstances the police can stop and search cars without a warrant

22
Q

When are warrants not needed?

Wiretapping

A

The court didn’t view wire tapping as an illegal search

23
Q

Is right to privacy is explicitly mentioned in the constitution?

24
griswald v. connecticut
the connecticut statue was void null because it conflicted with the 1, 3, 4, 9, ammendment
25
Roe v. Wade
the court said that a woman's right to an abortion fell within the right to privacy protected by the 14th Ammendment
26
procedural due process
the requirement that gov't follow certain procedures before punishing a person
27
substantive due process
the idea that the laws themselves must right that cannot be taken away from them
28
civil law
private disputes between people over property or relationships
29
criminal law
deals with crimes and their punishment
30
Miranda v. Arizona
-Got the Miranda Rights right to remain silent right to have an attourney present if they cannot afford one one will be appointed to you
31
Gregg v. Georgia
the death penalty doesn't violate the constitution in all circumstances
32
1st Ammendment
protects freedom of speech and expression and forbids congress from making laws that establish a religion
33
2nd Ammendment
protects the right to bear arms
34
4th Amendment
prohibits the government from searching a building or person, seizing a person without first meeting specific legal standards
35
5th Amendments
Protects people accused of a crime - Needs grand jury indictment for most serious crime - protects people from unfair government actions - prohibits government from confiscation property without proper payment
36
6th Amendment
protects people accused of a crime | -requires speedy and public trial by jury
37
7th Amendment
gurantees trial by jury in federal civil cases involving more than $20
38
8th Amendment
protects against excessive bail or fines in criminal cases and against "cruel and unusual punishment"
39
9th Amendment
protects other right that are not specifically mentioned in the constitution