Chapter 10 The Substance of Justice Flashcards
Civil Liberties
Individual freedoms such as speech, press, religion, and assembly. The protection of these liberties is essential to a vital democratic society. Generally, the protection of civil liberties requires forbidding government to take certain actions.
Incorporation
The judicial rule that applies civil liberties in the national Bill of Rights to the states because of the due process clause of the Fourteenth Amendment
Texas v. Johnson (1989)
A U.S. Supreme Court decision that riled the Texas law against burning a U.S. flag in a political protest as an unconstitutional restriction of the freedom of speech
Secular
A term that means “apart from religion.” Public policies must serve a secular, as opposed to a religious, purpose to avoid establishing a religion
Castle Doctrine
A law allowing Texans who have undergone ten hours of training to carry concealed handguns, and affirming the right of a citizen to defend his or her home against intrusion
Roe v. Wade
A U.S. Supreme Court decision that declared the restrictive Texas abortion law unconstitutional as a violation of a woman’s right to privacy
Parental Notification Law
A law requiring that, before a girl under the age of eighteen could get an abortion, her physician must inform her parents. Parents could not stop the operation, but they would have forty-eight hours to counsel the girl about her choices
Civil Rights
The constitutional claims all citizens have to fair and equal treatment under the law. Among the most important civil rights are the ability to vote in honest elections, to run for and serve in public office, and to be afforded a fair trial presided over by an impartial judge if accused of a crime. Civil rights refer to actions that government must take in order to ensure equal citizenship for everyone
Capital Punishment
The execution of a convicted criminal, normally imposed only on murderers
Tort
A private or civil wrong or injury resulting from a breach of a legal duty that exists by reason of society’s expectations about appropriate behavior, rather than a contract. The injured party sues the alleged offender in order to receive compensation for his or her losses
Women’s Right to Know Act
required that any women must sign a statement at least twenty-four hours before the termination of her pregnancy affirming that she had been given access to photos of fetal development and information regarding the risks of abortion and pregnancy
Prenatal Protection Act
amended the state’s penal code to define an “individual” as beginning at the moment of fertilization and allowing criminal charges or civil lawsuits to be filed when an unborn child is killed