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US government and civics > Chapters 19 and 20 > Flashcards

Chapters 19 and 20 Flashcards

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1
Q

the first ten amendments that set out each person’s basic rights as a US citizen

A

The bill of rights

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2
Q

Guarantees the safety of all persons, opinions, and property from arbitrary acts of government

A

civil liberties

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3
Q

positive acts of government that seek to make constitutional guarantees a reality for all people

A

civil rights

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4
Q

alien

A

a person who is not a citizen to the country they live in

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5
Q

No state can deny to any person any right that is basic or essential to the American concept of ordered liberty

A

due process clause

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6
Q

It has incorporated most of the guarantees in the bill of rights into the 14th amendments Due Process Clause

A

process of incorporation

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7
Q

how is civil liberties different from civil rights?

A

civil liberties are protections against the government. civil rights prohibit discrmination

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8
Q

why are individual rights not absolute?

A

Do as they please, as long as they do not fringe on the constitutional rights of others.

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9
Q

prohibits the establishment of a specific religion

A

establishment clause

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10
Q

Any arbitrary interference by government with the free exercise thereof

A

free exercise clause

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11
Q

church related

A

parochial

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12
Q

how does the establishment clause provide for a separation of church and state

A

It declares that the government could not require that any person profess any set of religious beliefs nor support any religious institutions

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13
Q

what does the lemon test evaluate?

A

Decides whether a state law amounts to an establishment of religion
a. secular, not religious purpose b. no excessive entanglement of government and religion c. neither advance nor inhibit religion

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14
Q

what court case did the lemon test originate from?

A

Lemon v. Kurtzman (1971)

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15
Q

The false or malicious use of printed words

A

libel

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16
Q

The false or malicious use of spoken words

A

slander

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17
Q

The crime of attempting to overthrow the government by force or disrupt its lawful activities by violent acts

A

sedition

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18
Q

The advocating, or urging, of sedition or such conduct

A

seditious speech

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19
Q

Government cannot curb ideas before they are expressed

A

prior restraint

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20
Q

A court order

A

injunction

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21
Q

These laws give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings in those states

A

shield laws

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22
Q

expression by conduct

A

symbolic speech

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23
Q

Involves the patrolling of a business site by workers who are on strike

A

picketing

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24
Q

To gather with one another to express their views

A

assemble

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25
Q

To bring their views to the attention of public officials by such varied means as written petitions, letters, advertisements, lobbying, parades, or marches

A

petition

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26
Q

The refusal to comply with certain laws or to pay taxes and fines, as a peaceful form of political protest

A

civil disobedience

27
Q

Government may not regulate gatherings on the basis of what might be said there

A

content neutral

28
Q

The right to join with others to promote political, economic, and social causes

A

right of association

29
Q

is civil disobedience constitutionally protected? why or why not?

A

It is not a constitutionally protected right. People who take part in such actions are usually willing to accept the consequences.

30
Q

In whatever it does, the government must act fairly and in accord with established rules. It may not act unfairly, arbitrarily, or unreasonably

A

due process

31
Q

The procedures, the methods of governmental actions (the how)

A

procedural due process

32
Q

The substance, the policies of governmental actions (the what)

A

substantive due process

33
Q

The authority of each state to act to protect and promote the public health, safety, morals, and general welfare.

A

police power

34
Q

A court order authorizing a search

A

search warrant

35
Q

what is the difference between the 5th and the 14th amendment

A

The 5th amendment declares that the federal government cannot deprive any person of “life, liberty or property, without due process of law.” The 14th amendment says the same thing about the state governments.

36
Q

what is roe v. wade

A

Right to privacy to what extent can states limit a woman’s right to an abortion

37
Q

why has the supreme court purposefully not defined due process?

A

Justices do not see due process as absolute and unyielding rather they feel it is relative and should be decided on a case-by-case basis

38
Q

forced labor

A

involuntary servitude

39
Q

prejudiced or unfairness

A

discrimination

40
Q

Blanket search warrants with which British customs officials officials had invaded private homes to search for smuggled goods.

A

writs of assistance

41
Q

reasonable suspicion of a crime

A

probable cause

42
Q

Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized

A

exclusionary rule

43
Q

Do police need a warrant to search your vehicle when you get pulled over?

A

No, as long as they have reason to believe you hold evidence to a crime, they do not need a warrant

44
Q

Intended to prevent unjust arrests and imprisonments. It is a court order directed to an officer holding a prisoner.

A

writ of habeas corpus

45
Q

A legislative act that provides for the punishment of a person without a court trial (a constitution prohibits it at the federal or state level)

A

bill of attainder

46
Q

A law applied to an act committed before the passage of that law (after the fact)

A

ex post facto law

47
Q

The formal device by which a person can be accused of a serious crime- that is, any offense for which the punishment is death or imprisonment.

A

grand jury

48
Q

A formal complaint that the prosecutor lays before a grand jury. It charges the accused with one or more crimes

A

indictment

49
Q

A formal accusation brought by the grand jury on its own motion, rather than that of the prosecutor.

A

presentment

50
Q

An affidavit in which the prosecutor swears that there is enough evidence to justify a trial

A

information

51
Q

Once a person has been tried for a crime, he or she cannot be tried again for the same crime.

A

double jeopardy

52
Q

The judge alone hears the case

A

bench trial

53
Q

The requirement that police must read a suspect his or her rights before any questioning occurs

A

Miranda rule

54
Q

What are the advantages of having a local jury or having a change in venue

A

Local jury give the defendant any benefit there might be in having a jury familiar with the people and the problems of the area. Change in venue because the people on the area are prejudiced in the case and an impartial jury cannot be drawn

55
Q

when has the writ of habeas corpus been suspended

A

1861 (Lincoln during the civil war), 1941 (governor of Hawaii after Pearl Harbor)

56
Q

who bears the burden of proof in criminal cases

A

The prosecution in a criminal case bears the burden of proving to the jury beyond reasonable doubt all of the elements necessary to establish the guilt of a defendant (innocent until proven guilty)

57
Q

sum of money put in as a guarantee that he or she will appear in court at the proper time.

A

bail

58
Q

A federal judge can order that the accused be held, without bail, when there is good reason to believe that he or she will commit another serious crime before trial

A

preventive detention

59
Q

death penalty

A

capital punishment

60
Q

Consists of either levying war against the United States or adhering to their enemies, giving them aid and comfort.

A

treason

61
Q

who may be convicted or treason and what is the maximum penalty?

A

All citizens of the United States, at home or abroad, and all permanent resident aliens may be convicted. Congress has set down death as the maximum penalty for this crime, but no person has been executed for that offense.

62
Q

What penalties has the court ruled cruel and unusual?

A

barbaric torturers such as burning at the stake, drawing and quartering, crucifixion, keeling

63
Q

When did the supreme court first hear about capital punishment and what is the two stage process?

A

They first heard a capital punishment case in 1972 in the Furman vs. Georgia case. The two stage process is a trial to settle guilt or innocence; after conviction of proceeding to decide if the crime justifies a death sentence.

US government and civics (4 decks)

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