Unit 3 Vocab Flashcards

1
Q

Civil liberties

A

applies to protections for all Americans from the abuse of government power

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2
Q

Civil rights

A

protects particular groups from descrimination

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3
Q

Selective incorporation

A

when the court applies the bill of rights to state government policy through the fourteenth amendment’s due process and equal protection clauses

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4
Q

indictment

A

fifth amendment right to be formally accused of a crime by a grand jury

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5
Q

clear and present danger test

A

established in Schenck v US, free speech may be limited if it threatens to harm the general welfare of the public

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6
Q

slander

A

spoken defamatory language

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7
Q

libel

A

written defamatory language

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8
Q

obscenity

A

speech intended to cause violence

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9
Q

Preferred position doctrine

A

any limits on speech must address severe, imminent threats to the nation

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10
Q

Schneck v US

A

A socialist called on men not to enlist in the army during WW1, he was found guilty of violating the espionage act because his speech created a clear and present danger

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11
Q

Tinker v des Moins

A

children from the Tinker family participated in a silent protest by wearing wristbands and were suspended by their school. This suspension was found unlawful because their form of speech did not cause a substantial disruption at school

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12
Q

Shield laws

A

is a law that gives reporters protection against being forced to disclose confidential information or sources in state court

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13
Q

obscenity test

A

would an average person find the work as appealing primarily to people’s sexual instincts, does the work lack any other value, does the work depict sexual behavior in an offensive manner

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14
Q

NYT v US

A

Pentagon papers were leaked, but the government argued that this violated the espianage act and that they should have had the right to prior restraint, court decided that NYT had a right to publish the papers without government interference

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15
Q

Freedom of association

A

the government may not restrict the number of type of groups or organizations that people belong to, provided those groups do not threaten national security

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16
Q

establishment clause

A

the government may not establish or favor a religion

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17
Q

free exercise

A

constitutional guaranteed right to allow individuals the right to practice any faith, as long as it does not harm others

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18
Q

Lemon test

A

does the law have secular purpose, does the law neither promote nor discourage religion, does the law avoid “excessive entanglement” of government and faith

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19
Q

Wisconsin v Yoder

A

the amish are permitted to remove their children from school after eighth grade in order to practice their faith and their cultural work, which is equal in value to a public school education

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20
Q

first amendment

A

freedom of speech, religion, press assembly, and petition, as well as other rights

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21
Q

second amendment

A

right to own a firearm (in relation to a militia)

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22
Q

third amendment

A

individuals cannot be forced to quarter soldiers

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23
Q

fourth amendment

A

freedom from unreasonable searches and seizures

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24
Q

fifth amendment

A

right to avoid self-incrimination, protection against double jeopardy, right to a jury trial, right to a fair trial, protection from government seizures of property without compensation

25
Q

sixth amendment

A

right to a fast and public trial by an impartial jury, right to be made aware of criminal charges, right to witnesses, right to legal representation

26
Q

seventh amendment

A

protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value

27
Q

eighth amendment

A

protection from cruel and unusual punishment

28
Q

ninth amendment

A

the rights listed in the bill of rights do not take away other unwritten rights

29
Q

tenth amendment

A

all powers that are not expressly given to the federal or state government belong to state and local governments

30
Q

McDonald v Chicago

A

Chicago resident wanted to purchase a firearm but was unable because of city restrictions, the federal government found the city’s restrictions unconstitutional

31
Q

US v Lopez

A

High schooler took a gun to school and was arrested for violating the gun free school zones act. This act was found unconstitutional because it was written using the commerce clause, and it was found that this clause did not apply merely to carrying a gun

32
Q

probable clause

A

the belief that a search of property will uncover signs of illegality

33
Q

objective good faith

A

allows for convictions in cases in which a search was not technically legal but was conducted under the assumption that it was legal

34
Q

inevitable discovery rule

A

illegally sized evidence that would eventually have been found legally

35
Q

exigent circumstances

A

reason to believe that someone may be harmed or that evidence could dissappear by the time a warrant was produced

36
Q

grand jury

A

a group of individuals that determines whether a person can be tried for an infamous crime, considers probable cause

37
Q

due process of law

A

a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts

37
Q

Gideon v Wainwright

A

Gideon was accused of several crimes, and the judge did not appoint him an attorney, meaning he had to represent himself. This was found to violate the sixth amendment right to an attorney

37
Q

eminent domain

A

government the power to take your property, even if you don’t want to sell, with compensation, to be used in court

38
Q

Self-incrimination

A

a defendant cannot be forced to testify in a trial, and a jury cannot infer guilt if a defendant chose not to speack

39
Q

Civil rights act of 1875

A

banned discrimination in public places, as well as in selection for jury duty

40
Q

Equal Pay Act of 1963

A

made it illegal to base an employees pay on race, gneder, religion, or national origin (used to fight for other minority’s rights)

41
Q

twenty-fourth amendment

A

outlawed poll taxes

42
Q

civil rights act of 1964

A

banned discrimination in public accommodations, and prohibited discrimination in hiring based on race and gender

43
Q

voting rights act of 1965

A

allows the government to interfere with states or counties that have a lower than 50% voter registration, or in areas that use literary tests to prevent voting

44
Q

Civil rights act title VIII 1968

A

banned racial discrimination in housing

45
Q

Brown v Board of Ed

A

the equal protection clause applies to school segregation. Separate but equal from Plessy v Fergison is unconstitutional

46
Q

de facto segregation

A

segregation that occurs because of different racial groups living in different areas

47
Q

de jure segregation

A

segregation by law

48
Q

affirmative action

A

the process by institutions of favoring minorities or members of historically discriminated against groups

49
Q

family and medical leave act of 1993

A

gives 12 weeks og unpaid leave to parents of newborns

50
Q

Title IX

A

prohibits gender discrimination by institutions of higher education that receive federal funds

51
Q

lilly Ledbetter fair pay act of 2009

A

expanded those limits to allow suits based on any discriminatory paycheck

52
Q

age discrimination act of 1967

A

prohinits employment discrimination on the basis of age, with an exceptions for jobs in which age is essential to job performance

53
Q

twenty sixth amendment

A

extended the right to vote to 18 year olds

54
Q

individuals with disabilities education act of 1975

A

ensured that children with disabilities can receive a free, appropriate public education

55
Q

voting rights act of 1982

A

requires states to create conressional districts with minority majorities

56
Q

Americans with disabilities act of 1990

A

requires businesses with more than 24 employees to make their offices accessible to people with disabilities. Requires public resources to be wheelchair-accessible. Mandated the development of wider telephone services for the hearing impaired