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31 Cards in this Set
- Front
- Back
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incorporation theory |
the view that most of the protections of the bill of rights apply to state governments through the 14th amendment (due process) |
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establishment clause |
part of 1st amendment prohibiting the establishment of a church officially supported by the national government |
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free exercise clause |
1st amendment right to religion |
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prior restraint |
restraining an activity before it actually happened (when it involves expression, then it's censorship) |
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symbolic speech |
expression through clothes, gestures, movements, and other nonverbal conduct. heavily protected by courts |
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commercial speech |
advertising statements, given 1st amendment protection |
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clear and present danger test |
determines when government can restrict free speech (when puts other people in danger) |
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imminent lawless action test |
standard evaluated by SC for evaluating the legality of advocacy speech (when it incites crime) |
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obscenity |
sexually offensive material. can be illegal if violates SC's 4 part test |
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defamation of character |
wrongfully hurting a person's good reputation (private person) |
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slander |
public uttering of a false statement that harms the good reputation of another must be made to or within the hearing range of a person other than the person being talked about |
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libel |
written defamation of a person's reputation |
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actual malice |
knowing that the slander/libel is an actual lie |
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gah order |
order issued by a judge restricting the publication of news about a trial or a pre trial hearing to protect the accused's right to a fair trial |
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writ of habeas corpus |
literally means "you have the body." an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held |
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arraignment |
first act in a criminal proceeding in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty |
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exclusionary rule |
a judicial policy prohibiting the admission at trial of illegally obtained evidence |
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civil rights |
al rights rooted in the 14th am guarantee of equal protection under the law |
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grandfather clause |
device used by southern states to disenfranchise blacks. restricted voting to those whose grandfathers voted before 1867 |
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poll tax |
special tax that had to be paid in order to vote |
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de jure segregation |
racial segregation that occurs because of laws or administrative decisions by public agencies |
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civil disobedience |
peaceful violation of laws |
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de facto segregation |
segregation that occurs because of past social and economic conditions and residential racial patterns |
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strict scrutiny |
judicial standard for assessing the constitutionality of a law or government action when the law or action threatens to interfere with a fundamental right or potentially discriminates against members of a suspect classification |
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suspect classification |
classification (race, religion, etc) that triggers strict scoring by courts when a law or govt action potentially discriminates against members of the class |
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intermediate scrutiny |
standard used by courts to determine whether a law or govt action improperly discriminates against women |
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rational basis review |
standard used by courts to determine the constitutionality of a law or govt action if neither strict nor intermediate scrutiny allows |
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affirmative action |
policy in college admissions and job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups to overcome past or present effects of discrimination |
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reverse discrimination |
affirmative action program discriminates against those who don't have minority status |
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civil law |
law regulating conduct bw private persons over non criminal matters (like suing For money) |
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criminal law |
law that defines crimes and provides punishment for violations. the govt is the prosecutor |
