Civil Liberties/ Civil Rights Flashcards

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0
Q

Civil rights

A

Protections against discrimination

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1
Q

Civil Liberties

A

Personal freedoms (speech, assembly, etc)

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2
Q

Clear and present danger doctrine

A

Judicial interpretation of 1st amend. that gov. may not ban speech unless it is a threat to society

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3
Q

De facto segregation

A

Segregation by fact

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4
Q

De jure segregation

A

Segregation by law

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5
Q

Double jeopardy

A

Being prosecuted twice for the same offense (banned by 5th amend)

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6
Q

Due process clause

A

Prohibits national gov. and states from denying life, liberty or property without due process of law

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7
Q

Equal protection clause

A

14th amend. clause that prohibits states from denying equal protection under the law

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8
Q

Eminent domain

A

Right of gov. to take private property for the public good

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9
Q

Establishment clause

A

Provision in 1st amend. that prohibits congress from establishing an official state religion. Basis for separation of church and state

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10
Q

Exclusionary rule

A

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial

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11
Q

Free exercise clause

A

Congress may not ban free exercise of religion

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12
Q

Grandfather clause

A

Excludes blacks from exercising right to vote. Only those whose grandfathers had voted before 1865 could vote

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13
Q

Grand jury

A

Determines whether or not to bring criminal charges against a suspect

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14
Q

Incorporation

A

Applying bill of rights to states

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15
Q

Total incorporation

A

States must obey all provisions of the bill of rights because if the due process clause of the 14th amend.

16
Q

Selective incorporation

A

Bill of rights is applied to the states in a more gradual manner in a cause by case basis

17
Q

Indictment

A

Grand jury order that a suspect must stand trial for a criminal offense

18
Q

Jim Crow laws

A

Southern laws that required racial segregation in places of public accommodation

19
Q

Libel

A

Written untruths that damage a reputation

20
Q

Literacy test

A

Way to exclude blacks from voting by requiring that votes prove their ability to read and writ w

21
Q

Miranda warnings

A

warnings that must be read to suspects prior to questioning

22
Q

Plea bargain

A

Arrangement in which a suspect pleads guilty to a leases offense in order to avoid a trial

23
Q

Police powers

A

Powers that allow states to pass laws protecting the health, welfare, safety and morals of their residents

24
Q

Poll tax

A

Southern method of excluding blacks from voting by requiring payment of tax before voting

25
Q

Prior restraint

A

When court stops something before it happens

26
Q

Racial gerrymandering

A

Drawing legislative boundaries to give electoral advantages to a particular racial group

27
Q

Sedition

A

Advocate of the overthrow of the gov.

28
Q

Separate but equal

A

Plessy v. Ferguson. Allowed state required segregation in places of public accommodation as long as the facilities are equal

29
Q

Shield laws

A

State laws that protect journalists from having to reveal their sources

30
Q

Slander

A

Written untruths that damage reputation

31
Q

Struck scrutiny

A

SC guideline for determining if gov. can make racial distinctions.

32
Q

White primary

A

Primary election in which southern states allowed only whites to vote