Civil Liberties Flashcards
What are the two main parts of the 1st amendment?
Freedom of expression
(Speech, press, assembly, petition government
Freedom of religion
Freedom of press could not be regulated before?
Printing
What is imminent danger?
Must poise and imminent and possible threat
What is libel?
Statement that falsely injures another person
Libel is print
What is slander?
Statement that falsely injures another person
Slander is vocal
What is not protected by the first amendment?
Obscenity
What is obscenity?
Depends on the person.
What is symbolic speech?
An act that conveys a political message
Freedom of religion exercises what clauses?
Free exercise clause and establishment clause
What is the free exercise clause?
Law cannot prevent free exercise of religion, but does not allow one to violate another law because of beliefs
What is the establishment clause?
Cannot set laws that favor a religion.
What is the wall of separation?
Court ruling that government cannot be involved with religion
Laws dealing with religion must meet what criteria?
Has a secular purpose
It’s primary effect neither advances or inhibits religion
Does not foster excessive government entanglement with religion
What is the fourth amendment?
prohibits unreasonable searches and seizures
What is the fifth amendment?
protects individuals from being compelled to be witnesses against themselves
What is the exclusionary rule?
Improperly gathered evidence may not be introduced in a criminal trial
What is a good-faith exception?
Will sometimes allow evidence in if the error was minor
Searches and seizures are allowed under what conditions?
Search warrant, probable cause, occupant gives permission, person is arrested, schools only need “reasonable suspicion”
What are the conditions of confessions and self-incrimination?
Read the Miranda rights, right to lawyer, cannot be forced to confess
What is the patriot act?
R diced civil liberties for those suspected of terrorism
What does the patriot act allow?
Telephone taps, internet taps, voice mail, can share grand jury information, hold non citizens for extended period of time, track path of money, no statute of limitations on terrorist crimes
Where would non citizens believed to be terrorists be tried at?
Military court, needs 2/3rds judgment, only appeals to military court
The judicial review was added by what court case?
Marbury vs Maddison
There is one lawyer for how many people?
325
How many district courts are there?
94
How many justices are there?
9
Stated slaves are property?
Dredd Scott vs Sanford
Allowed the us to regulate interstate commerce
Ogden vs gibbons
Federal law is supreme law of land
McCullough vs Maryland
Ended segregation in schools
Brown vs board of education
A person must be read legal rights before confession
Miranda vs Arizona
