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Government > Chapter 10 > Flashcards

Chapter 10 Flashcards

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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?

A

nope

24
Q

griswald v. connecticut

A

the connecticut statue was void null because it conflicted with the 1, 3, 4, 9, ammendment

25
Q

Roe v. Wade

A

the court said that a woman’s right to an abortion fell within the right to privacy protected by the 14th Ammendment

26
Q

procedural due process

A

the requirement that gov’t follow certain procedures before punishing a person

27
Q

substantive due process

A

the idea that the laws themselves must right that cannot be taken away from them

28
Q

civil law

A

private disputes between people over property or relationships

29
Q

criminal law

A

deals with crimes and their punishment

30
Q

Miranda v. Arizona

A

-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
Q

Gregg v. Georgia

A

the death penalty doesn’t violate the constitution in all circumstances

32
Q

1st Ammendment

A

protects freedom of speech and expression and forbids congress from making laws that establish a religion

33
Q

2nd Ammendment

A

protects the right to bear arms

34
Q

4th Amendment

A

prohibits the government from searching a building or person, seizing a person without first meeting specific legal standards

35
Q

5th Amendments

A

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
Q

6th Amendment

A

protects people accused of a crime

-requires speedy and public trial by jury

37
Q

7th Amendment

A

gurantees trial by jury in federal civil cases involving more than $20

38
Q

8th Amendment

A

protects against excessive bail or fines in criminal cases and against “cruel and unusual punishment”

39
Q

9th Amendment

A

protects other right that are not specifically mentioned in the constitution

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