civil liberties Flashcards

1
Q

Amendments protecting the Accused

A

4th, 5th, 6th, 8th

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2
Q

the judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial

A

Exclusionary Rule

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3
Q

Forbids the police to conduct searches and seizures without probable clause

A

4th amendment

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4
Q

Protects against double jeopardy, self-incrimination, loss of life, liberty, and property without due process of law

A

5th amendment

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5
Q

right to have legal counsel, to confront witnesses, speedy trial and trial by ‘jury of peers’ in criminal proceedings

A

6th amendment

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6
Q

Protection against excessive bails/fines, cruel and unusual punishments

A

8th amendment

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7
Q

Bad Tendency test

A

Gitlow vs New York

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8
Q

Specific individual rights that are constitutionally protected against gov’t infringement

A

Civil Liberties

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9
Q

clear and present danger

A

Schenck vs US

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10
Q

different kinds of speech that have been given different kinds of protections

A

Commercial speech and Market Place of Ideas

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11
Q

established standards for governing obscenities

A

Miller vs California

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12
Q

government cannot censor or otherwise prohibit a publication in advance

A

Near vs Minnesota

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13
Q

established a constitutional right to privacy

A

Griswold vs Connecticut

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14
Q

ruled a Texas law outlawing abortion as unconstitutional

A

Roe vs Wade

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15
Q

established the “good faith exception”

A

U.S. vs Leon

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16
Q

struck down a state program that would have helped pay the salaries of teachers hired by parochial schools to give instructions in secular subjects

A

Lemon vs Kurtzman

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17
Q

case established statements that police are required to make to a person before that person is subject to in-custody questioning

A

Miranda vs Arizona

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18
Q

preserved the right of individuals to burn the flag as a form of symbolic speech

A

U.S. vs Eichman

19
Q

prohibiting the reciting of prayers in public schools

A

Engle vs Vitale

20
Q

ruled that all evidence obtained illegally was indamissible in a state court

A

Mapp vs Ohio

21
Q

the supreme court upheld a local gov’t program that provided free transportation to parochial school students

A

Everson vs Board of Education

22
Q

the supreme court ruled that disqualifying Sherbert, a seventh day activist, from receiving unemployment benefits violated the free exercise clause

A

Sherbert vs. Verner

23
Q

supreme court ruled that freedom of speech take precedence- with public officials

A

New York Time vs Sullivan

24
Q

Protection against double jeopardy is not a fundamental right

A

Palko vs Connecticut

25
Q

made the right to a jury trial in criminal cases obligatory on the states

A

Duncan vs Louisiana

26
Q

everyone has a right to legal counsel

A

Gideon vs Wainwright

27
Q

first instance of the court applying the Bill of Rights to the states

A

Gitlow vs New York

28
Q

refers to legal protections that are designed to ensure individual rights are respected by the gov’t

A

Due process

29
Q

the first clause in the first amendment, which forbids government establishment of religion

A

Establishment clause

30
Q

the judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial

A

Exclusionary rule

31
Q

the second clause in the first amendment, which prevents the government from interfering with the exercise of religon

A

Free-exercise clause

32
Q

the press and speech clauses of the first amendment

A

Free-expression clause

33
Q

the right of the accused to have a trial

A

Habeas Corpus

34
Q

a judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the States via the 14th amendment

A

Incorpation

35
Q

Lemon Test

A

1) must have secular purpose
2) their primary effect must be to advance or inhibit religion
3) must not entangle the gov’t excessively with religion

36
Q

publication of material that falsely damages a person’s reputation

A

Libel

37
Q

statements concerning rights that police are required to make to a person before he/she is subjected to in custody questioning

A

Miranda rights

38
Q

government prohibitation of speech or publication before the fact

A

Prior restraint

39
Q

people who assume roles of prominence in society or thrust themselves to the forefront fo public controversy

A

Public figures

40
Q

Right to privacy

A

Griswold vs Connecticut

41
Q

a judicial doctrine whereby most, but not all, protections found in the Bill of rights are made applicable to the states via the 14th amendment

A

Selective incorportation

42
Q

spoken words that falsely damage a person’s reputation

A

Slander

43
Q

expression of an idea or viewpoint through an action

A

Symbolic speech

44
Q

rules on speech to prevent disruptions or safety threats

A

Time, Place, and Manner restriction