Chapter 4 (Civil Liberties & Civil Rights)

Question 1

Civil Liberties

Answer 1

The protections of citizens from improper governmental action.

Question 2

Civil Rights

Answer 2

The legal or moral claims that citizens are entitles to make on the governmnet.

Question 3

Strict Scrutiny

Answer 3

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 4

Exclusionary Rule

Answer 4

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

Question 5

Miranda Rule

Answer 5

The convention derived from the Supreme Court’s 1966 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 interrogration.

Question 6

Establisment Clause

Answer 6

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 7

Lemon Test

Answer 7

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 entaglement” with religion, and neither promotes nor inhibits the practice of religion.

Question 8

Speech Plus

Answer 8

Speech accompanied by activities such as sit-ins, picketing and demonstrations. Proctection of this form of speech under the First Amendment is conditional, and restrictions imposed by 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 disregard of the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”.

Question 12

Fighting Words

Answer 12

Speech that directly incited damaging conduct.

Question 13

Due Process

Answer 13

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

Question 14

Grand Jury

Answer 14

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

Question 15

Right to Privacy

Answer 15

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

Question 16

Equal Protection Clause

Answer 16

The provision of the 14th Amendment guaranteeing citizens “the equal protection of the laws.” This clause has served as the basis for the civil rights of African Americans, women, and other groups.

Question 17

“Seperate but Equal” Rule

Answer 17

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

Question 18

De Jure Segregation

Answer 18

Racial segregation that is a driect result of law or official policy.

Question 19

De Facto Segregation

Answer 19

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 20

Intermediate Scrutiny

Answer 20

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 21

Affirmative Action

Answer 21

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