unit 2: civil rights, civil liberties, and the courts Flashcards

1
Q

what are civil liberties?

A

protections against the government (bill of rights)

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2
Q

what are civil rights?

A

constitutional guarantees to all people regardless of race, sex, religion, or national origin

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3
Q

what amendment does the supreme court use to selectively incorporate the bill of rights into state legislatures?

A

14th Amendment

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4
Q

What does the 14th Amendment dues process and equal protection clause ensure?

A

no state can “deprive any person of life, liberty, or property, without due process” within equal protection of the laws

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5
Q

what happened in Marbury vs. Madison?

A

Madison refuses to send letter of appointment for judge, this was not valid, but S.C. doesn’t have jurisdiction on this case. Judicial Review does exist

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6
Q

what happened in Schneck vs. U.S.?

A

passed out pamphlets to encourage men to nor show up to draft. 1st amendment not absolute guaranteed

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7
Q

what happened in Tinker vs. Des Moines?

A

students wanted to wear black armband in school as a form of silent protest for the Vietnam War, they were allowed to (protected 1st amendment freedom of expression)

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8
Q

what happened in New York Times Co. vs. U.S.?

A

Nixon wanted to prevent NYT from publishing classified docs about Vietnam War, this was not allowed, protected 1st amendment freedom of press

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9
Q

what is libel?

A

false and malicious use of written words

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10
Q

what is slander?

A

false and malicious use spoken words

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11
Q

what is obscenity?

A

Miller v. California

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12
Q

what is the establishment clause?

A

gov can’t establish a religion, freedom from religion

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13
Q

what is the free exercise clause?

A

gov can’t interfere in practicing religion, freedom for religion

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14
Q

what happened in Engel v. Vitale

A

no school sponsored prayer is allowed, protection of establishment clause

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15
Q

which amendment contains the establishment and free exercise clauses?

A

1st amendment

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16
Q

what happened in Wisconsin v. Yoder?

A

Wisconsin required students to keep attending school till 16, but violated free exe3rcise clause, two years of school did not outweigh free exercise

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17
Q

what case created the lemon test, and what is it?

A

Lemon vs. Kurtzman, purpose of gov aid must be nonreligious, can not advance religion

18
Q

what happened in Oregon vs. Smith?

A

limited free exercise, not allowed to use illegal drug in name of religious practice

19
Q

what happened in Reynolds vs. U.S.?

A

limited free exercise, bans on polygamy are constitutional

20
Q

what happened in McDonald vs. Chicago?

A

selectively incorporated 2nd amendment, chicago resident allowed to have hand gun

21
Q

what is the second amendment “The Letter of the Law?”

A

right to bear arms, right of state to form and keep a militia

22
Q

what happened in New Jersey vs. TLO?

A

4th amendment deemed that schools must have reasonable suspicion rather than just probable cause. searching student was constitutional over suspicion of cigarettes in purse

23
Q

what amendment contains search and seizure liberties?

A

4th amendment

24
Q

what is the exclusionary rule?

A

evidence gained wrongly can not be used in court

25
Q

what happened in Weeks vs. U.C.

A

exclusionary rule can be applied for illegally obtained evidence in federal court

26
Q

what happened in Mapp vs. Ohio?

A

Selective incorporation of 4th amendment exclusionary rule.

27
Q

what happened in Miranda vs. Arizona?

A

police must inform suspect of rights in order for confession to be used in courts, 5th amendment protection, Miranda rights

28
Q

what amendment protects us from self-incrimination?

A

5th amendment

29
Q

what amendment states that at a federal level we must be tried by a grand jury?

A

5th amendment, not selectively incorporated

30
Q

what happened in Gideon vs. Wainwright?

A

Gideon charged with breaking and entering, was not given a lawyer, this violated 6th amendment

31
Q

what amendment contains the right to a lawyer?

A

6th amendment

32
Q

what amendment protects us from cruel and unusual punishment?

A

8th amendment

33
Q

what happened in Gregg vs. Georgia

A

determined death penalty is not cruel/unusual punishment

34
Q

what happened in Roper vs. Simmons

A

death penalty is cruel/unusual for people <18

35
Q

what is in the 9th amendment?

A

rights not listed in bill of rights/constitution: right to privacy

36
Q

what is strict scrutiny?

A

S.C. test to see if a law denies equal protection

37
Q

what ended as a response to equality of opportunity?

A

Jim Crow Laws

38
Q

what is an example of equality of results?

A

affirmative actions (compensate for past discrimination)

39
Q

what is segregation by law?

A

de jure (think jury)

40
Q

what is segregation without law?

A

de facto