Chapter 14&15 Flashcards

Front 1

Due process

Back 1

Fairness in legal matters

Front 2

Two sources of due process

Back 2

criminal and civil

Front 3

Three post civil war amendments

Back 3

13, 14, 15, ended slavery and gave more civil liberties

Front 4

Clear and present danger doctrine

Back 4

there are times when gov can limit free speech

Front 5

civil liberties

Back 5

fundamental freedoms that protect a people from tyranny

Front 6

Selective Incorporation

Back 6

court cases that apply Bill of Rights to states

Front 7

fundamental freedoms doctrine

Back 7

principle that some civil liberties are basic to the functioning of a democratic society and require vigorous protection

Front 8

libel

Back 8

a tort consisting of false and malicious publication printed for the purpose of defaming a living person

Front 9

obscenity

Back 9

offensive communication with no redeeming social value other than titillation

Front 10

establishment clause

Back 10

denies government the power to push religious practices on the citizenry

Front 11

free exercise clause

Back 11

protects the right of the individuals to practice their religion

Front 12

Lemon Test

Back 12

(a) required all laws to have clear secular purposes (b) did not permit laws to advance or inhibit either one religion or religion in general and (c) the law can't entangle public officials with religious institutions or activities.

Front 13

Sherbert Test

Back 13

determines when a law unconstitutionally violates the free exercise clause

Front 14

exclusionary rule

Back 14

Improperly obtained evidence cannot be presented during a trial

Front 15

Roe v Wade

Back 15

right to privacy

Front 16

plea bargain

Back 16

an agreement between prosecution and defense that the accused will admit to having committed a crime, provided that other charges are dropped and a reduced sentence is recommended

Front 17

prior restraint doctrine

Back 17

Legal doctrine that gives individuals the right to publish without prior restraint- that is, without first submitting material to a government censor

Front 18

writ of habeas corpus

Back 18

Literally meaning "you have the body"; a court order requiring explanation to judge why a prisoner is being held in custody.

Front 19

ex post facto law

Back 19

A retroactive criminal law that works to the disadvantage of a person; cannot be made illegal after the fact

Front 20

civil rights

Back 20

Rights of all persons to equal protection of laws and to not be discriminated against; civil rights allow the government to enforce freedom.

Front 21

No bills of attainder

Back 21

Punishes someone without benefit of jury trial.

Front 22

Jim Crow laws

Back 22

took civil liberties away from minorities in the south

Front 23

self incrimination

Back 23

saying things that might make you appear guilty

Front 24

double jeopardy

Back 24

cant go to court again over the same crime

Front 25

affirmative action

Back 25

protects minorities and gives them more opportunities

Front 26

de facto segregation

Back 26

racial segregation without laws

Front 27

suspect classification

Back 27

any group that has the criteria for discrimination

Front 28

de jure segregation

Back 28

racial segregation with laws

Front 29

24 amendment

Back 29

got rid of poll taxes and literacy tests

Front 30

americans with disabilities act

Back 30

prohibits discrimination of people with disabilities

Front 31

Civil rights 1964

Back 31

ended unequal voter registration and segregation in schools

Front 32

Civil rights 1957

Back 32

voting rights

Front 33

voting rights 1965

Back 33

better voting rights

Front 34

civil right 1991

Back 34

discrimination in the work place