civil rights Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

1st amendment

A

Freedom of speech, the press, religion, assembly, petition the government, and Establishment Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

2nd amendment

A

bear arms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

3rd amendment

A

no quartering troops

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

4th amendment

A

no unreasonable searches or seizures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

5th amendment

A

Right to a grand jury, no double jeopardy, no self incrimination, no private property taken without compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

6th amendment

A

Right to a speedy and public trial, informed of the charges, confront witnesses, counsel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

7th amendment

A

jury in civil case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

8th

A

No excessive bail or cruel or unusual punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

9th

A

Enumerated powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

10th amendment

A

Powers not delegated in the Constitution are reserved to the states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Civil liberties:

A

the legal constitutional protections against government; although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Gitlow v. New York:

A

holds that freedom of the press and speech are fundamental personal rights and liberties protected by the due process clause of the 14th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

The Fourteenth Amendment:

A

equal protection and due process

, citizenship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Incorporation doctrine:

A

the legal concept under which the Supreme court has nationalized the Bill of Rights by making most of its provisions applicable to the states (14th amendment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Lemon v Kurtzman: aid to church related schools must do the following:

A

Have a secular legislative purpose
Have a primary effect that neither advances nor inhibits religion
Not foster an excessive government “entanglement” with religion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Employment division vs. Smith:

A

state laws interfering with religious practices but not specifically aimed at religion are constitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Prior restraint:

A

censorship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Near v. Minnesota:

A

the first amendment protects newspapers from prior restraint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Schenck v. United States:

A

government can limit speech if the speech provokes a clear and present danger of substantive evils

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Miller v. California:

A

re: obscenity: defining obscenity by holding that community standards be used to determine whether material is obscene

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

New York Times vs. Sullivan:

A

public figures must prove that the defamatory statements were made with “actual malice”

22
Q

Symbolic speech:

A

nonverbal communication, such as burning a flag or wearing an armband

23
Q

Commercial speech:

A

communication in the form of advertising; it can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court

24
Q

NAACP v. Alabama:

A

people have the right to associate with whichever groups they want

25
Q

Probable cause

A

: the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed to legally search for and seize incriminating evidence.

26
Q

Search warrant:

A

a written authorization from a court specifying the area to be searched and what the police are searching for

27
Q

Exclusionary rule:

A

the rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.

28
Q

mapp v. ohio

A

exclusionary rule

29
Q

Miranda v. Arizona:

A

established Miranda Rights
Right to remain silent
What you say can and will be used against you in a court of law
Right to counsel

30
Q

Gideon v Wainwright:

A

no matter how poor someone is, they have a right to counsel

31
Q

Plea bargaining:

A

defendant will plead guilty to a lesser crime

32
Q

Gregg v. Georgia:

A

death sentence is not cruel and unusual punishment

33
Q

Right to privacy:

A

the right to private personal life free from the intrusion of the government

34
Q

Griswold v. CT:

A

upheld a right to contraception

35
Q

Roe v. Wade:

A

state bans on abortion are unconstitutional

36
Q

Planned Parenthood v. Casey:

A

loosened standard for evaluating restrictions on abortion from strict scrutiny to an “undue burden”; has lead to more regulations and restrictions on abortion

37
Q

DC v. Heller:

A

protects an individual’s right to own a firearm

38
Q

Civil Rights:

A

policies designed to protect people against arbitrary or discriminatory treatment by government officials

39
Q

de jure

A

by law

40
Q

de facto

A

in reality

41
Q

Civil Rights Act of 1964:

A

made racial discrimination in hotels, motels, restaurants, etc illegal
also gender

42
Q

Amendments re: Suffrage: the legal right to vote

A
15th amendment (african american suffrage)
19th amendment (women’s suffrage)
26th amendment (reduced voting age to 18)
24th amendment (outlawed poll tax)
43
Q

Coverture:

A

deprived married women of any identity separate from their husbands

44
Q

Reed v. Reed:

A

first instance of Supreme Court upholding a claim of gender discrimination

45
Q

Comparable worth:

A

the issue raised when women who hold traditionally female jobs are paid less than men for working @ jobs requiring comparable skill

46
Q

Americans w/ Disabilities Act:

A

requires employers and public facilities to make reasonable accommodations for and prevent discrimination against people w/ disabilities

47
Q

Bowers v. Hardwick:

A

allowed states to ban gay relations

48
Q

Don’t Ask Don’t Tell:

A

strict prohibition against gay conduct in the military

49
Q

Affirmative action:

A

policy designed to give special attention to members of a disadvantaged group

50
Q

UC Davis v. Bakke:

A

state university could not admit less qualified students due to race