Chapter 4: Civil Liberties and Chapter 5: Civil Rights

Question 1

Civil Liberties

Answer 1

The protections of citizens from improper governmental action.

Question 2

Strict Scruntinity

Answer 2

The most stringent standard of judicial review of a government’s actions in which the government must show that the law serves a “compelling state interest”

Question 3

Miranda Rule

Answer 3

The convention derived from the Supreme Court’s 1968 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation

Question 4

Establishment Clause

Answer 4

The First Amendment clause that says, “Congress shall make no law respecting an establishment of religion.” This law means that a wall of separation exists between church and state.

Question 5

Lemon Test

Answer 5

Rule articulated in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to “excessive entanglement” with religion, and neither promotes nor inhibits the practice of religion.

Question 6

Free Exercise Clause

Answer 6

The First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses.

Question 7

Clear and Present Danger

Answer 7

The criterion formerly used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society.

Question 8

Speech Plus

Answer 8

Speech accompanied by activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by the state or local authorities are acceptable if properly balanced by considerations of public order.

Question 9

Prior Restraint

Answer 9

An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States the courts forbid prior restraint except under the most extraordinary circumstances.

Question 10

Libel

Answer 10

A written statement made in “reckless disregard of the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”

Question 11

Slander

Answer 11

An oral statement made in “reckless disregardof the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”

Question 12

Fighting Words

Answer 12

Speech that directly incites damaging conduct.

Question 13

Due Process

Answer 13

Proceeding according to law and with adequate protection for individual rights.

Question 14

Exclusionary Rule

Answer 14

The ability of courts to exclude evidence obtained in violation of the Fourth Amendment.

Question 15

Grand Jury

Answer 15

A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused’s guilt or innocence.

Question 16

Double Jeopardy

Answer 16

The Fifth Amendment right providing that a person cannot be tried twice for the same crime.

Question 17

Right to Privacy

Answer 17

The right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions.

Question 18

Civil Rights

Answer 18

The legal or moral claims that citizens entitled to make on the government.

Question 19

Equal Protection Clause

Answer 19

The provision of the Fourteenth Amendment guaranteeing citizens “the equal protection of the laws.” This clause has been the basis for the civil rights of African Americans, women, and other groups.

Question 20

Separate but Equal Rule

Answer 20

The doctrine that public accommodations could be segregated by race but still be equal.

Question 21

De Jure Segregation

Answer 21

Racial segregation that is a direct result of law or official policy

Question 22

De Facto segregation

Answer 22

Racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors.

Question 23

Intermediate scrutiny

Answer 23

The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional.

Question 24

Affirmative Action

Answer 24

A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities.