Unit 3 Vocab Flashcards
Civil liberties
applies to protections for all Americans from the abuse of government power
Civil rights
protects particular groups from descrimination
Selective incorporation
when the court applies the bill of rights to state government policy through the fourteenth amendment’s due process and equal protection clauses
indictment
fifth amendment right to be formally accused of a crime by a grand jury
clear and present danger test
established in Schenck v US, free speech may be limited if it threatens to harm the general welfare of the public
slander
spoken defamatory language
libel
written defamatory language
obscenity
speech intended to cause violence
Preferred position doctrine
any limits on speech must address severe, imminent threats to the nation
Schneck v US
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
Tinker v des Moins
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
Shield laws
is a law that gives reporters protection against being forced to disclose confidential information or sources in state court
obscenity test
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
NYT v US
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
Freedom of association
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
establishment clause
the government may not establish or favor a religion
free exercise
constitutional guaranteed right to allow individuals the right to practice any faith, as long as it does not harm others
Lemon test
does the law have secular purpose, does the law neither promote nor discourage religion, does the law avoid “excessive entanglement” of government and faith
Wisconsin v Yoder
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
first amendment
freedom of speech, religion, press assembly, and petition, as well as other rights
second amendment
right to own a firearm (in relation to a militia)
third amendment
individuals cannot be forced to quarter soldiers
fourth amendment
freedom from unreasonable searches and seizures
fifth amendment
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
sixth amendment
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
seventh amendment
protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value
eighth amendment
protection from cruel and unusual punishment
ninth amendment
the rights listed in the bill of rights do not take away other unwritten rights
tenth amendment
all powers that are not expressly given to the federal or state government belong to state and local governments
McDonald v Chicago
Chicago resident wanted to purchase a firearm but was unable because of city restrictions, the federal government found the city’s restrictions unconstitutional
US v Lopez
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
probable clause
the belief that a search of property will uncover signs of illegality
objective good faith
allows for convictions in cases in which a search was not technically legal but was conducted under the assumption that it was legal
inevitable discovery rule
illegally sized evidence that would eventually have been found legally
exigent circumstances
reason to believe that someone may be harmed or that evidence could dissappear by the time a warrant was produced
grand jury
a group of individuals that determines whether a person can be tried for an infamous crime, considers probable cause
due process of law
a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts
Gideon v Wainwright
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
eminent domain
government the power to take your property, even if you don’t want to sell, with compensation, to be used in court
Self-incrimination
a defendant cannot be forced to testify in a trial, and a jury cannot infer guilt if a defendant chose not to speack
Civil rights act of 1875
banned discrimination in public places, as well as in selection for jury duty
Equal Pay Act of 1963
made it illegal to base an employees pay on race, gneder, religion, or national origin (used to fight for other minority’s rights)
twenty-fourth amendment
outlawed poll taxes
civil rights act of 1964
banned discrimination in public accommodations, and prohibited discrimination in hiring based on race and gender
voting rights act of 1965
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
Civil rights act title VIII 1968
banned racial discrimination in housing
Brown v Board of Ed
the equal protection clause applies to school segregation. Separate but equal from Plessy v Fergison is unconstitutional
de facto segregation
segregation that occurs because of different racial groups living in different areas
de jure segregation
segregation by law
affirmative action
the process by institutions of favoring minorities or members of historically discriminated against groups
family and medical leave act of 1993
gives 12 weeks og unpaid leave to parents of newborns
Title IX
prohibits gender discrimination by institutions of higher education that receive federal funds
lilly Ledbetter fair pay act of 2009
expanded those limits to allow suits based on any discriminatory paycheck
age discrimination act of 1967
prohinits employment discrimination on the basis of age, with an exceptions for jobs in which age is essential to job performance
twenty sixth amendment
extended the right to vote to 18 year olds
individuals with disabilities education act of 1975
ensured that children with disabilities can receive a free, appropriate public education
voting rights act of 1982
requires states to create conressional districts with minority majorities
Americans with disabilities act of 1990
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
