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14 Cards in this Set
- Front
- Back
Strict Scrutiny (Free Exercise)
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1. Compelling Governemental Interest
2. Least Intrusive Means |
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Lemon Test (Establishment Clause)
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1. Secular Purpose
2. Can't have a primary effect of advancing or inhibiting religion 3. Can't excessively entagle gov't with religion |
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Miller Test
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1. "The average person, applying comtemporary community standard" taken as a whole appeals to the prurient interest in sex
2. Work depicts in a patenly manner 3. Lack serious literacy, artist, political, or scientific values |
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Clear and Present Danger
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A standard for judging when freedom of speech can be abridged. Not Protected
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1. Symbolic Speech
2. Political Speech |
1. Not a violent speech that conveys a message (protected)
2. Government matters as opposed to the affairs of an individual or organization. (protected) |
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Negligence
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Failure to exercise reasonable care about circumstances.
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1. Malice
2. Actual Malice |
1. Public figures, officials, Elected figures, must prove malice
2. Knowledge of the falisty of the matter asserted with a reckless disregard for the truth. |
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Obscenity (obscene)
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Vulgar, out of line
Not constutional protected |
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Trimester Approach
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1. Women Choice
2. Hospital V. Clinic 3. Fetal Viability (Can the baby be able to live outside the woman woom, does it affect the woman health) |
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Undue Burden Test
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1. 24 hrs. waiting period
2. Parental Notification/ Judical by Pass (Consent is a undue burden) 3. Spousal Notification/ Consent (undue burden) |
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Drug Test
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- Private companies can drug test employees randomly and before they work.
- Government empolyees can be drug test before and randomly, but not if the work in health care or public safety. |
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Right to Die
-Passive euthanasia -Active euthanasia -Death with dignity |
- A living will, you can have machines removed don't pesesitate
- Asking a doctor to give you something to kill yourself - Terminally ill or being really sick can get multiple doctors to conduce can end your life. |
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Homosexuality
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N.C state consitution says you can't have same sex marriage.
Sodomy-not consitutional protected |
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Oral sex
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Is against nature and a felony in N.C.
10 yrs in prison |