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32 Cards in this Set
- Front
- Back
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Civil liberties |
Gov cannot abridge by law ,constitution or judicial interpretation civil |
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Civil rights |
Protected rights |
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9th amendment |
The powers not delegated to the national government but reserved to the states or to the people |
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Due process clause |
Guarantee Variety of rights to individual |
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Substantive due process |
Judicial interpretation of the 5th and 14th amendment due process that projects citizens from arbitrary or unjust state or federal laws |
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Incorporation doctrine |
14th amendment requires state and local government to guarantee to the rights stated in the bill of rights |
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Selective incorporation |
Most but not all protection found in the bill of rights are made applicable to the states via the 14th amendment |
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Fundamental freedoms |
The court as order ,Liberty ,justice , Highest standard of review |
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1st amendment |
Freedom speech ,press,assembly ,petition ,religion |
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Establishment clause |
The 1st clause of the 1st amendment ..Direct the national government not to sanction an official religion |
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Free exercise clause |
The 2nd clause of the 1st amendment:gov interfering with a citizens right to practice his/her religion |
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Lemon test |
3 part test for examining the constitutionality of religious establishment issues. |
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Prior restraint |
Prevents the government from prohibiting speech or publication before the fact ;held to be in violation of the 1st amendment |
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Clear and present danger test |
Lines between Protected and unprotected speech |
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Direct incitement test |
The 1st amendment protects advocacy of illegal action is intended and likely to occur |
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Symbolic speech |
Symbols ,signs, other methods expression the 1st amendment |
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Hate speech |
Any communication that belittles a person or group |
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Libel |
False written statement that defames a person character |
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Slander |
Untrue spoken statements that defame the character of a person |
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New York Times co vs Sullivan (1964) |
That actual malice must be proven to support a finding of libel against a public figure |
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Fighting words |
Inflict injury |
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Writs Of habeas corpus |
The prisoners have the right to know what charges are being made gainers them . |
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4th amendment |
Can't search people houses without a warrant (probable cause ) |
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5th amendment |
Right to remain silence until a lawyer is represent |
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Miranda vs Arizona |
5th amendment |
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Miranda rights |
That a officer should say to the person their rights and that they right to have attorney |
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Double jeopardy clause |
Can't be trail twice for the same offense |
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Exclusionary rule |
Police from using illegally seized evidence at trial |
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6th amendment |
Public trial without unnecessary |
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8th amendment |
Nor cruel and unusual punishments |
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Right to privacy |
Right to be left alone... |
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Roe v wade |
Woman's have the right to have a abortion |
