Unit 6 Flashcards

0
Q

Civil rights

A

Protection against discrimination

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1
Q

Civil liberties

A

Personal freedoms e.g. Speech, assembly, religion

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2
Q

Clear and present danger doctrine

A

Judicial interpretation of amendment 1 that government may not ban speech unless such speech poses an imminent threat to society.

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3
Q

De facto segregation

A

Segregation “by fact” I.e. segregation that results from such factors as housing patterns rather than law

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4
Q

De jure segregation

A

Segregation by law I.e. segregation that is required by government

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5
Q

Double jeopardy

A

Being prosecuted twice for the same offense. Banned by amendment 5

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6
Q

Due process clause

A

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

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7
Q

Equal protection clause

A

14th amendment clause that prohibits states from denying protection under the law , and has been used to combat discrimination.

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8
Q

Eminent domain

A

The right of government to take private property for the public good. Fair compensation must be paid to the owner of such property

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9
Q

Establishment clause

A

Provision of amendment 1 that prohibits congress from establishing an official state religion. This is the 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

Provision of Amendment 1 stating that congress may not prohibit the free exercise of religion

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12
Q

Grandfather clause

A

Souther laws that excluded blacks from exercising suffrage. By restricting the right to vote only to those whose grandfathers had voted before 1865

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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 the bill of rights to the states. A total incorporation view is they the states must obey all provisions if the bill of rights because of the due process clause

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15
Q

Indictment

A

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

16
Q

Jim Crow laws

A

Southern laws that required racial in places of public accommodations

17
Q

Libel

A

Written untruths that damage a reputation

18
Q

Literacy test

A

Southern method if excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write

19
Q

Miranda warnings

A

Warnings that must be read to suspects prior to questioning suspects must be advised that they have the right of silence and counsel

20
Q

Plea bargain

A

Arrangement in which a suspect pleads guilty to a lesser offense in order to Avoid trial. The manner in which most cases are disposed of

21
Q

Police powers

A

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

22
Q

Poll tax

A

Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting

23
Q

Prior restraint

A

When a court stops expression before it is made. E.g. Prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional

24
Q

Racial Gerrymandering

A

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

25
Q

Sedition

A

Advocacy of the overthrow of the government

26
Q

Separate but equal

A

Supreme Court doctoring that established in the case of plessy V Ferguson. Allowed state required racial segregation in places of public accommodation as long as the facilities were equal

27
Q

Shield laws

A

State laws that protect journalists from having to reveal their sources

28
Q

Slander

A

Spoken untruths that damage a reputation

29
Q

Strict security

A

Supreme Court guideline for determining if government can make racial distinctions.

30
Q

White primary

A

Primary election in which Southern states only allows whites to vote