z: ch 4 final Flashcards

1
Q

civil liberties

A

the legal constitutional protections against the abuses of government (individuals v government)

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2
Q

civil rights

A

for groups of people who are being discriminated by the government etc

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3
Q

selective incorporation

A

a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens. the federal government limiting states lawmaking powers

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4
Q

14th amendment

A

equal protection and due process. no state can deprive a person of life, liberty, or property protects citizens of their privileges and immunities.

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5
Q

equal protection

A

states cannot unreasonably discriminate against individuals(race, sex, age)

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6
Q

due process

A

part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty or property by the U.S. or state governments w/o due process of the law

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7
Q

1st amendment

A

RAPPS freedom of speech religion press assembly and petition the government

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8
Q

prior restraint

A

a government preventing material from being published (ex: troop movement)

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9
Q

clear and present danger

A

adopted under the supreme court to determine limits on the 1st amendment (don”t scream fire in a theater)

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10
Q

libel

A

the publication of false or malicious statements that damage someone’s reputation

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11
Q

slander

A

spoken false or malicious statements that damage someone’s reputation. must prove that act was done with malice

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12
Q

obscenity

A

miller v california defined

  • appeals to a prudent lustful interest in sex
  • showed potentially offensive sexual contact
  • lacks serious library, artistic, political or scientific value
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13
Q

establishment clause

A

congress shall make no law respecting the establishment of religion. no national religion

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14
Q

the free exercise clause

A

prohibited government from interfering with the practice/non-practice of religion. some religion PRACTICES may conflict with others rights then they can be denied or punished.

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15
Q

2nd amendment

A

right to keep and bear arms–> not fully incorporated to the states

  • d.c v heller
  • united states v lopez
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16
Q

3rd amendment

A

no quartering of troops

17
Q

4th amendments

A

unreasonable searches and seizure are illegal. right to privacy

18
Q

probable cause

A

a justsble reason to believe a person should be arrested

19
Q

unreasonable search and seizure

A

evidence is obtained in a haphazard/random manner

20
Q

exclusionary rule

A

the rule that evidence/no matter how incriminating cannot be introduced into trail of it was not constitutionally obtained

21
Q

5th amendment

A

protects against self-incrimination, double jeopardy, and due process, as well as a right to a grand jury (unless there is war)

  • barron v baltimore
  • korematsu v us
  • miranda v arizona
  • palko v conneticut
22
Q

self-incrimination

A

i plead the 5th. suspects cannot be forced to help in their own conviction by giving confessions

23
Q

eminent domain

A

power of the government to take private property for public use

24
Q

double jeopardy

A

you cannot he tried for the same crime twice

25
6th amendment
CRIMINAL CASESright to a speedy trial right to an impartial jury and right to a lawyer
26
right to counsel
the state just provide lawyers in most criminal cases and trial by an impartial jury
27
habeas corpus
those who are arrested have the right be brought before a judge and have their case heard
28
7th amendment
CIVIL CASES right to a jury, lawyer etc
29
9th amendment
protects rights not specifically said in the constitution.—> more to right to privacy
30
10th amendment
powers not delegated to federal government is delegated to the states.
31
impermissible speech
obscenity, libel/slander and clear and present danger
32
freedom of religion supreme court cases
engle v vitale | lemon v kurtzman
33
freedom of expression supreme court cases
``` texas v johnson buckley v valeo dennis v us gitlow v new york miller v california schenk v us tinker v des moine ```
34
lemon test (establishment clause)
1. secular legislative purpose 2. should not advance nor inhibit religion 3. it must not cause excessive entanglement with religion
35
8th ammendment
free from cruel and unusual punishment - death penalty(only for 1st degree murder) -->varies by state - colorado is a death penalty state - furman v georgia - gregg v georgia