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American Government Chapters 4/5
American Gov't: 4&5 (Civil Liberties & Civil Rights)
36
Political Studies
Undergraduate 1
10/22/2011

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Cards

Term
Civil Liberties
Definition
the personal freedoms of individuals that are protected from gov't intrusion
Term
Bill of Rights
Definition
the freedoms listed in the first 10 amendments to the Constitution
Term
ex post facto law
Definition
creates criminal law and applies retroactively
Term
bills of attainder
Definition
legislative pronouncements of guilt that should be left for a court to decide
Term
selective incorporation
Definition
process of applying some of the rights in the BoR to the states through the due process clause
Term
Barron v. Baltimore
Definition
Court case: ruled that Nat'l gov't follows BoR, only 3&7 apply to states
Term
free excersise clause
Definition
1st AM provision intended to protect the practice of ones religion free from gov't intrusion
Term
establishment clause
Definition
1st AM prohibition against the gov't EST of religion
Term
Lemon Test
Definition
the 3-part test for establishment clause cases:
1) it must have a secular purpose
2) must neither advance nor inhibit religion
3) musn't create excessive gov't entanglement with religion
Term
Rosenburger v. VA
Definition
Court case that ruled that:
there shall be no discrimination against college religious groups
Term
clear and present danger test
Definition
free speech test that only prohibits speech that produces a clear and present danger
Term
bad tendency test
Definition
free speech test that prohibits speech that could produce a bad outcome, such as violence, no matter how unilkely the possibility the speech could be the cause of such an outcome
Term
McConnell v FEC
Definition
Court case that upheld Bipartisan Campaign Reform Act of 2002- with the exception of some rules
Term
Symbolic Speech
Definition
actions meant to convey a political message
Term
Miller Test
Definition
The current jusicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material as a whole lacks serious literary, artistic, political, or scientific value.
Term
Slander
Definition
oral statements that are false and injure another's reputation
Term
Libel
Definition
written statements that are false and injure another's reputation
Term
Sullivan Rule
Definition
standard requiring public officials and figures in defamation suits to prove that allegedly libelous/slanderous statements are both false and made with malice.
Term
Hate Speech
Definition
prejudicial/hostile statements toward another person's innate characteristics, such as race and ethnicity
Term
Prior Restraint
Definition
practice that would allow gov't to censor a publication before anyone could read it
Term
probable cause
Definition
A practical and nontechnical calculation of probabilities that is the basis for securing search warrants
Term
Exclusionary rule
Definition
the judicial barring of illegally seized evidence from a trial. the evidence isn't barred if the police were acting on 'good faith'
Term
Miranda Rights
Definition
the warning police must administer to suspects so that the latter will be aware of the right to avoid self-incrimination.
The rights include:
1) the right to remain silent
2) the right to know any statements will be used against them
3) the right to have an attorney for the investigation
Term
Gregg v. Georgia
Definition
Supreme Court decision that upheld the Death Penalty in the US
Term
Roe v. Wade
Definition
Supreme Court case that legalized abortion during 1st two trimesters of a pregnancy. Only allowed during 2nd trimester if it depends on the health of the mother
Term
test case
Definition
practice by which a group brings a case to court in order to secure a judicial ruling on a constitutional issue
Term
Amicus Curiae Brief
Definition
legal briefs filed by organized roups to influence decision in a SC case
Term
Civil Rights
Definition
Term
13th Am
Definition
Term
14th Am
Definition
Term
15th Am
Definition
Term
Jim Crow Laws
Definition
Term
grandfather clause
Definition
Term
de jure segregation
Definition
Term
de facto segregation
Definition
Term
i
Definition
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