CHAPTER 4: Valerie Guevara Flashcards

1
Q

Abraham Lincoln

A

Abraham Lincoln was an American statesman, politician, and lawyer who served as the 16th president of the United States from 1861 until his assassination in April 1865.

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2
Q

abolitionists

A

a person who favors the abolition of a practice or institution, especially capital punishment or (formerly) slavery.

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3
Q

Alien and Sedition Acts

A

A series of laws known collectively as the Alien and Sedition Acts were passed by the Federalist Congress in 1798 and signed into law by President Adams.

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4
Q

bill of attainder

A

A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial.

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5
Q

Bill of Rights

A

The first 10 amendments to the Constitution make up the Bill of Rights.

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6
Q

Black Lives Matter (BLM)

A

Black Lives Matter is an international activist movement, originating in the African-American community, that campaigns against violence and systemic racism towards black people.

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7
Q

Burger Court

A

The Burger Court refers to the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States.

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8
Q

capital cases

A

Capital case is a prosecution case for murder in which a jury is asked to decide whether a defendant should be put to death, if found guilty.

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9
Q

civil liberties

A

Civil liberties or personal freedoms are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation, without due process.

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10
Q

civil rights

A

Civil and political rights are a class of rights that protect individuals’ freedom from infringement by governments, social organizations, and private individuals.

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11
Q

clear and present danger test

A

Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly.

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12
Q

DeJonge v. Oregon (1937)

A

DeJonge v. Oregon, 299 U.S. 353, was a case in which the Supreme Court of the United States held that the Fourteenth Amendment’s due process clause applies to freedom of assembly.

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13
Q

direct incitement test

A

Brandenbrug vs Ohio, that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur.

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14
Q

double jeopardy clause

A

The U.S. Constitution’s Fifth Amendment contains a Double Jeopardy Clause, which says that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.”

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15
Q

due process clause

A

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law.

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16
Q

due process rights

A

Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it.

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17
Q

Earl Warren

A

Earl Warren was an American jurist and politician who served as the 14th Chief Justice of the United States and earlier as the 30th Governor of California.

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18
Q

Eighth Amendment

A

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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19
Q

Eighteenth Amendment

A

The Eighteenth Amendment of the United States Constitution established the prohibition of “intoxicating liquors” in the United States.

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20
Q

Espionage Act

A

The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years.

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21
Q

establishment clause

A

the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.

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22
Q

exclusionary rule

A

a law that prohibits the use of illegally obtained evidence in a criminal trial.

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23
Q

ex post facto law

A

An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.

24
Q

First amendment

A

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

25
Q

Fourth Amendment

A

The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures.

26
Q

Fourteenth Amendment

A

an amendment to the U.S. Constitution, ratified in 1868, defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons.

27
Q

Fifth Amendment

A

The Fifth Amendment to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified in 1791 as part of the Bill of Rights.

28
Q

fighting words

A

Fighting words are written or spoken words intended to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction.

29
Q

free clause

A

the clause in the First Amendment to the U.S. Constitution prohibiting Congress from making any law prohibiting the free exercise of religion

30
Q

fundamental freedoms

A

The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.

31
Q

Gitlow v. New York (1925)

A

Gitlow v. New York, 268 U.S. 652 (1925), was a historically important case argued before the United States Supreme Court in which the Court ruled that the Fourteenth Amendment to the U.S. Constitution had extended the reach of certain provisions of the First Amendment

32
Q

grand jury

A

a jury, typically of twenty-three people, selected to examine the validity of an accusation before trial.

33
Q

hate speech

A

abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.

34
Q

incorporation doctrine

A

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

35
Q

Lemon test

A

The three-part test enunciated in Lemon v. Kurtzman is used to assess whether a law violates the Establishment Clause.

36
Q

libel

A

a published false statement that is damaging to a person’s reputation; a written defamation.

37
Q

Miranda Rights

A

In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.

38
Q

Miranda v. Arizona

A

Miranda v. Arizona (1966) PBS. A mug shot of Ernesto Miranda, whose wrongful conviction led to the landmark case Miranda v. Arizona, in which the Court held that detained criminal suspects must be informed of their rights prior to police questioning.

39
Q

Miller v. California

A

Miller v. California, 413 U.S. 15, is a landmark decision by the United States Supreme Court wherein the court redefined its definition of obscenity from that of “utterly without socially redeeming value” to that which lacks “serious literary, artistic, political, or scientific value”

40
Q

New York Times CO. v. Sullivan

A

New York Times Co. v. Sullivan, 376 U.S. 254, was a landmark United States Supreme Court case that established the actual malice standard that must be met for press reports about public officials to be considered libel. The decision defended free reporting of the civil rights campaigns in the southern United States.

41
Q

New York Times Co. v. U.S

A

New York Times Co. v. United States, 403 U.S. 713, was a landmark decision by the United States Supreme Court on the First Amendment. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.

42
Q

Ninth Amendment

A

The Ninth Amendment to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights.

43
Q

Occupy Wall street

A

Occupy Wall Street was a left-wing protest movement that began on September 17, 2011, in Zuccotti Park, located in New York City’s Wall Street financial district, against economic inequality.

44
Q

Planned Parenthood of Southeastern

A

Planned Parenthood v. Casey, 505 U.S. 833, was a landmark United States Supreme Court case in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion was challenged.

45
Q

Pennsylvania v. Casey

A

Planned Parenthood v. Casey, 505 U.S. 833, was a landmark United States Supreme Court case in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion was challenged.

46
Q

Prior restraint

A

Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression.

47
Q

right to privacy

A

The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy.

48
Q

Roe v. Wade

A

Roe v. Wade, 410 U.S. 113, is a landmark decision issued in 1973 by the United States Supreme Court on the issue of the constitutionality of laws that criminalized or restricted access to abortions.

49
Q

sedition laws

A

Sedition is overt conduct, such as speech and organization, that tends toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent towards, or resistance against established authority.

50
Q

selective incorporation

A

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

51
Q

September 11th

A

The September 11 attacks were a series of four coordinated terrorist attacks by the Islamic terrorist group al-Qaeda against the United States on the morning of Tuesday, September 11, 2001

52
Q

Sixth Amendment

A

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation;

53
Q

symbolic speech

A

Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.

54
Q

Tenth Amendment

A

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

55
Q

The Crown v. Zenger

A

Zenger published articles criticizing Crosby, the governor at that time. Zenger was found guilty despite his attempts to publish his truthful opinions.