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69 Cards in this Set

  • Front
  • Back
1st amendment
freedom of press, speech, religion, petition, and assembly
14th amendment
states cannot deprive natural rights with due process of law or deny people the equal protection of the laws
civil liberties
legal protections against the government. Bill of rights
Bill of Rights
first ten amendments
due process clause
14th amendment the guarantees life, liberty, and property. state or federal cannot take away with due process of law
incorporation
the Supreme Court nationalizes the B of R through the 14th amendment
establishment clause
part of the 1st amendment that congress cannot make a law to establish a religion
free exercise clause
in the 1st amendment that prohibits government to interfere with the practice of religion
prior restraint
a government prevent material from being published. limiting press, unconstitutional in US
libel
the publication of false or malicious statements the damages someone's reputation
symbolic speech
nonverbal communication like burning a flag or armband. protected in the 1st amendment
commercial speech
communication in the form of advertising.
probable cause
when police have reason to believe the a person should be arrested. police are allowed to search and seize incriminating evidence
search warrant
a written authorization from a court specifying the area to be searched and what the police are searching for.
exclusionary rule
no matter how incriminating, evidence unconstitutionally obtained cannot be used.
2nd amendment
right to bear arms. well-regulated militia for security
4th amendment
government cannot make unreasonable searches and seizures without warrant or probable cause.
5th amendment
people must be presented in a grand jury; cannot be put on double jeopardy, self-incrimination. eminent domain and due process.
6th amendment
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
plea bargain
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
8th amendment
no cruel and unusual punishment
right to privacy
the right to private personal life from from the intrusion of government.
civil rights
policies designed to protect people again government
equal protection clause
14th amendment that laws must provide equal protection to all people
13th amendment
bans slavery
Civil Rights Act 1964
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
suffrage
legal right to vote. see 15, 18, 26 amendments
15th amendment
suffrage to African Americans
poll taxes
small taxes on voting when blacks had no money to exclude black from voting.
white primary
exclude blacks from the primary elections to dilute their voices in the real election.
24th amendment
poll taxes void in federal elections
Voting Rights Act of 1965
a law designed to end formal and informal barriers of blacks' suffrage. more participation from blacks
19th amendment
women's right to vote
comparable worth
issue when women who hold female jobs are paid less than men for working jobs with comparable skill
ADA of 1990
employers and public facilities must make reasonable accommodations for disables and prohibits job discrimination
affirmative action
a policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.
preferred position doctrine
the right of free expression occupies a high, or more preferred, position than other constitutional rights
content neutral
any restriction on speech such as a requirement that parades or demonstrations not disrupt other people must not favor one group over another.
least restrictive means
law cannot restrict speech if there are other means to handle the problem
fighting words
spoken words which by their very utterance inflict injury or tend to incite an immediate breach of peace that the government may conditionally punish
clear and present danger
shouting "fire" in a crowded theater
amicus curia
someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it.
de facto
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).
de jure
designates what the law says

Racial separation that is required by law
double jeopardy
procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction
eminent domain
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
Equal Rights Amendment (ERA)
equality of rights cannot be denied based on gender
Federal Communications Commission (FCC)
regulates the content, nature, and existence of radio and tv.
Federal Trade Commission (FTC)
what kinds of good may be advertised on radio and tv. no false claims
grand jury indictment
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
good faith exception
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
in forma pauperis
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
independent expenditures
political activity intended to assist or oppose a specific candidate for office that is not necessarily done with their cooperation, approval, or direct knowledge
Jim Crow Laws
de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans.
soft money
they are given to political parties for purposes other than supporting candidates for federal office
Solomon amendment
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.
selective incorporation
The process by which certain of the guarantees expressed in the Bill of Rights become applicable to the states through the Fourteenth Amendment.
scarcity doctrine
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
slander
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
takings clause
Private property shall not be taken for a public use, without just compensation.
wall of separation
separation of church and state
Suspect classification
a characteristic used in applying a law, which a court will review subject to a strict scrutiny standard.
miranda rights
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
ex post facto
a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law
literacy test
practice of testing the literacy of potential citizens at the federal level, and potential voters at the state level.
rational basis test
the lowest level of scrutiny that a court applies when engaging in judicial review
reasonable expectation of privacy
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.
Quasi-suspect
Quasi-suspect class, with its intermediate scrutiny, is typically reserved for government sponsored discrimination on the basis of gender or legitimacy.
dont ask, dont tell
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