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69 Cards in this Set
- Front
- Back
1st amendment
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freedom of press, speech, religion, petition, and assembly
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14th amendment
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states cannot deprive natural rights with due process of law or deny people the equal protection of the laws
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civil liberties
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legal protections against the government. Bill of rights
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Bill of Rights
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first ten amendments
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due process clause
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14th amendment the guarantees life, liberty, and property. state or federal cannot take away with due process of law
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incorporation
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the Supreme Court nationalizes the B of R through the 14th amendment
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establishment clause
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part of the 1st amendment that congress cannot make a law to establish a religion
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free exercise clause
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in the 1st amendment that prohibits government to interfere with the practice of religion
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prior restraint
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a government prevent material from being published. limiting press, unconstitutional in US
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libel
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the publication of false or malicious statements the damages someone's reputation
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symbolic speech
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nonverbal communication like burning a flag or armband. protected in the 1st amendment
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commercial speech
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communication in the form of advertising.
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probable cause
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when police have reason to believe the a person should be arrested. police are allowed to search and seize incriminating evidence
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search warrant
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a written authorization from a court specifying the area to be searched and what the police are searching for.
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exclusionary rule
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no matter how incriminating, evidence unconstitutionally obtained cannot be used.
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2nd amendment
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right to bear arms. well-regulated militia for security
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4th amendment
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government cannot make unreasonable searches and seizures without warrant or probable cause.
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5th amendment
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people must be presented in a grand jury; cannot be put on double jeopardy, self-incrimination. eminent domain and due process.
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6th amendment
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speedy trial, impartial public jury in State and district committed. informed of the nature and cause. confronted with the witness against and in favor. able to have lawyer
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plea bargain
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deal between prosecutor and defense that the defendant will plead guilty for a lesser crime and that the state will bot prosecute for a more serious crime
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8th amendment
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no cruel and unusual punishment
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right to privacy
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the right to private personal life from from the intrusion of government.
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civil rights
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policies designed to protect people again government
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equal protection clause
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14th amendment that laws must provide equal protection to all people
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13th amendment
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bans slavery
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Civil Rights Act 1964
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law the made racial discrimination against any group in hotels, motels, and restaurants illegal and bans job discrimination. no grants for RD, strengthen voter rights, desegregation
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suffrage
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legal right to vote. see 15, 18, 26 amendments
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15th amendment
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suffrage to African Americans
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poll taxes
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small taxes on voting when blacks had no money to exclude black from voting.
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white primary
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exclude blacks from the primary elections to dilute their voices in the real election.
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24th amendment
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poll taxes void in federal elections
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Voting Rights Act of 1965
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a law designed to end formal and informal barriers of blacks' suffrage. more participation from blacks
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19th amendment
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women's right to vote
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comparable worth
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issue when women who hold female jobs are paid less than men for working jobs with comparable skill
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ADA of 1990
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employers and public facilities must make reasonable accommodations for disables and prohibits job discrimination
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affirmative action
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a policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.
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preferred position doctrine
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the right of free expression occupies a high, or more preferred, position than other constitutional rights
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content neutral
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any restriction on speech such as a requirement that parades or demonstrations not disrupt other people must not favor one group over another.
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least restrictive means
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law cannot restrict speech if there are other means to handle the problem
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fighting words
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spoken words which by their very utterance inflict injury or tend to incite an immediate breach of peace that the government may conditionally punish
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clear and present danger
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shouting "fire" in a crowded theater
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amicus curia
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someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it.
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de facto
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In law, it is meant to mean "in practice but not necessarily ordained by law" or "in practice or actuality, but without being officially established" discrimination that was not segregation by law (de jure).
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de jure
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designates what the law says
Racial separation that is required by law |
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double jeopardy
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procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction
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eminent domain
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power to appropriate property for a public use
5th amendment the owner of any appropriated land is entitled to reasonable compensation, usually defined as the fair market value of the property |
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Equal Rights Amendment (ERA)
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equality of rights cannot be denied based on gender
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Federal Communications Commission (FCC)
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regulates the content, nature, and existence of radio and tv.
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Federal Trade Commission (FTC)
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what kinds of good may be advertised on radio and tv. no false claims
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grand jury indictment
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formal, written charge issued by a grand jury in a criminal case. Typically, the jury is charged with determining whether enough evidence exists to charge a suspect with a criminal offense
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good faith exception
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an exception to the exclusionary rule provides that illegally gathered evidence can be admitted at trial if police officers have reason to believe their actions are legal
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in forma pauperis
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without the funds to pursue the normal costs of a lawsuit or criminal defense. Upon the court's granting of this status the person is entitled to waiver of normal costs and/or appointment of counsel
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independent expenditures
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political activity intended to assist or oppose a specific candidate for office that is not necessarily done with their cooperation, approval, or direct knowledge
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Jim Crow Laws
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de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans.
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soft money
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they are given to political parties for purposes other than supporting candidates for federal office
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Solomon amendment
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allows the Secretary of Defense to deny federal grants (including research grants) to institutions of higher education if they prohibit or prevent ROTC or military recruitment on campus.
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selective incorporation
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The process by which certain of the guarantees expressed in the Bill of Rights become applicable to the states through the Fourteenth Amendment.
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scarcity doctrine
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the excuse used by the Congress and the Supreme Court to justify censorship of radio and television. Since these media use the broadcast spectrum, which is inherently limited, government first assigned itself the role of determining who could use each frequency
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slander
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Slander is the spoken or transitory form of defamation of character, a legal term that refers to a falsehood presented as true which could harm the reputation of a person or entity
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takings clause
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Private property shall not be taken for a public use, without just compensation.
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wall of separation
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separation of church and state
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Suspect classification
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a characteristic used in applying a law, which a court will review subject to a strict scrutiny standard.
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miranda rights
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their right to remain silent, their right to an attorney, and the right to an appointed attorney if they are unable to afford counsel - prior to conducting a custodial interrogation
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ex post facto
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a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law
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literacy test
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practice of testing the literacy of potential citizens at the federal level, and potential voters at the state level.
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rational basis test
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the lowest level of scrutiny that a court applies when engaging in judicial review
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reasonable expectation of privacy
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legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution.
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Quasi-suspect
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Quasi-suspect class, with its intermediate scrutiny, is typically reserved for government sponsored discrimination on the basis of gender or legitimacy.
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dont ask, dont tell
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the policy restricting the United States military from efforts to discover or reveal closeted gay, lesbian, and bisexual service members or applicants, while barring those who are openly gay, lesbian, or bisexual from military service
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