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ap gov > Ap gov test 4 and 5 > Flashcards

Ap gov test 4 and 5 Flashcards

(73 cards)

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1
Q

civil liberties

A

constitutional and other legal protections against gov actions; written in the bill of rights

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2
Q

bill of rights

A

1st ten amendments define basic liberties as freedom of speech, religion, press and guarantee defendants rights.

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3
Q

1st ammendment

A

protects 4 great liberties, freedome of speech, religion, of press and freedom of assembly

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4
Q

baron vs baltimore

A

supreme court case, holding bill of rights, restrained only national gov but not state and city assembly (states dont protect civil liberties)

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5
Q

14th amendment

A

adopted after civil war; “no state shall make or enforce any any law that shall thwart the privileges and immunities of citizens in the US. nor shall it deprive life, liberty and property, w/o due process of law, nor deny to any person within its juristriction the equal protection of the laws

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6
Q

giltow vs new york

A

supreme court case, holding the freedoms of press and speech are “fundemental personal rights” liberties protected by there due process clause in teh 14th ammendment by the states” as well as federally

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7
Q

due process clause

A

14th ammendment, guaranteeing people cannot deprived of life, liberty, or property by us or state gov without due process of law

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8
Q

incorporation doctrine

A

legal concept under which supreme court has nationalized bill of rights by making most of its provisions applicable to states through the 14th amendment

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9
Q

establishment clause

A

1st amendment; “congress shall make no laws respecting an establishment of religion”

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10
Q

free excercise clause

A

1st amendment; “prohibits gov from interfering w/ practice of religion”

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11
Q

Lemon vs kurtzman

A

supreme court case; aid to church related schools must have 1) secular legislative purpose 2) primary effect that neither advances nor prohibits religion 3) not foster excessive gov entanglement w/ religion

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12
Q

zelman vs simmons

A

supreme court case; upheld state program that provided vouchers that could help pay tuition at religious schools.

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13
Q

engel vs vitale

A

supreme court case; state offcials violated 1st amendment when they required tha prayer be recited by public school children

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14
Q

school district of Abington Pennsylvania vs schmepp

A

supreme court case; pennsylvania law requiring bible reading in schools violated the est. clause of 1st amendment

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15
Q

prior restraint

A

gov actions that that prevent material from being published, prior restraint is prohibited by 1st ammendment

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16
Q

near vs minnesota

A

supreme court case, first amendment protects newspaper from prior restraint

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17
Q

schneck vs us

A

supreme court case, conviction of socialist who had urged resistance to draft during world war 2. Holmes declared taht gov can limit speech is the speech provokes a ‘clear and present danger’

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18
Q

miller vs cali

A

supreme court case, community standard be used to determine whether material is obscene. 1) prurient intent (perverts liek it) 2)patently offensive 3) lacking in serious literary, artistic, political or scientific value

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19
Q

roth vs US

A

supreme court case, obscenity is not within that area of constitutionally protected speech or press

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20
Q

libel and slander

A

publication of false and malicious statements that may damage someone reputation; libel (written), slander (spoken)

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21
Q

new york time co. vs sullivan

A

supreme court case, to win damage suits for libel,, public figures prove that the defamatory statements about them were made w/ active malice and reduces disregard for truth. Private institutions have less standards then public figures for showing falsehood in statements

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22
Q

texas vs johnson

A

supreme court case, struck down law banning burning of flag, such actions was symbolic speech protected by 1st amendment

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23
Q

symbolic speech

A

nonverbal communication, (burning a. flag,, wearing armbands,) some symbolic speech is protect by the fist amendment

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24
Q

zurcher vs standford daily

A

supreme court case, search warrant could be applied to newspaper w/o necessary violating 1st amendment fright to freedom of speech

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25
commerical speech
advertising which can be restriced more than many other types of speech
26
miami herald publish co. vs tornillo
supreme court case, state could not force newspaper to print replies from canidatedes it had criticized, case illustrates the limited power of gov to restrict print media
27
red lion broadcasting vs fed comm commisios
supreme court case, upheld restrictions on radio and televisions, court reassured that reg radio and tele broadcasting is justified bc there are only a limited # of broadcasting available
28
Ncaap vs alabama
supreme court case, right to assemble meant that alabama couldnt require NCAAp to reveal its mebership to them
29
mcdonalds vs chicago
supreme court case, extended 2nd amendment rights limits on restricting ind rights to bear arms to state and local gun control laws
30
probable cause
reasonable ground for believing person is guilty of crime, police must have probable cause to makes arrest
31
unreasonable search adn siezure
unconstitutional to obtaion evidence in a unlawful manner, police must have probable cause or search warrant in order to make legal and proper sear and siezure of incriminating evidence
32
search warrant
written authorization from court specifiying area to be searched and what police may search for
33
exclusionary rule
rule that evidence cannot be brought to trial if it was not obtained in a constitutional manner, rule prohibits use of evidence obtained through unreasonable search adn seizure
34
mapp vs ohio
supreme court case, 4th amendment protection against unresonable searches and seizures must b extended to states
35
5th amendment
desgined to protect rights of a person accused of crime; protection against double jeapordt, self incrimination, punishment w/o due process
36
self incrimination
being a witness agianst oneself;5th amendment forbids involuntary self incrimination
37
Miranda vs arizona
supreme court case, set guideline for police questioning and against self incrimination and to protect their right to counsel
38
6th amendment
designed to protect accused of crime, right to counsel, confront witnesses, right to a public and speedy trial
39
gideon vs wainwright
supreme court case, anyone accused of felon where imprisonment may be imposed has a right to a lawyer, gov has to provide one if too por to afford
40
plea bargaining
happens in 90% of cases, bargain between defendant and prosecuter that defandatn will plead guily to loser crime instead of being charged for seroud crime
41
8th amendment
forbids cruel and unusual punishment
42
cruel and unusual punishments
court sustains prohibited by 8th amendment
43
gregg vs georgia
supreme court case, death penalty as "extreme sanction, suitable to most extreme crimes"
44
mcclesky vs kemp
supreme court case, death penalty changed violated the 14th amendment bc minorties were more likely to receive it
45
right to privacy
right to private personal likfe free from intrusion of government. Not expicitly written in the consitituion
46
roe vs wade
supreme court case; texas state ban on abortions was unconstituional; forbade state control over abortions during 1st trimester, permited stae limit abortions to protect mothers health in 2nd trimester, to ban abortions in third trimester
47
planned parenthood vs casey
supreme court case, loosened standared for evaluation restrictions on abortion from one of "strictly scrutinity" of any restraints on a :fundemental right" to abortion to one in which regulations not impose an "undue burden" or worse
48
civil rights
policies designed to protect people against arbitrary and discriminatory treatment by gov officials or individuals
49
equal protection of laws
part of 14th amendment: emphasizes laws must provide equivalent protection to all people
50
the 3 standards of review
inherently suspect (difficult to meet), intermediate scrutiny (moderate difficult to meet), reasonableness (easy to meet)
51
dred scott vs sanford
supreme court case, slave who escaped to free state had no rights as a citizen and congress had no power to ban slavery in territories
52
13th amendment
ratified after civil war that forbade slavery and involuntary servitude
53
plessy vs ferguson
supreme court case, school segregation by saying Louisiana equal but separate accommodations for black and white was constitutional
54
brown vs board of education
supreme court case, school segregation is unconstitutional bc it violates 14th amendment about equal protections; the case that ended legal segreagation
55
civil rights act of 1964
law making racial discrimination in public illegal; forbade job discrimination; strengthened voting rights
56
sufferage
legal right to vote extended to POC and women
57
15th amendment
extended sufferage to POC
58
poll taxes
small taxes to give right to vote; use in southern states to exclude POC
59
white primary
primary election ehich excluded POc, supreme court declared this unconstituinal
60
voting rights act of 1965
law desgined ot end informal and formal barres to POC sufferage
61
hernandez vs texas
supreme court case, extended protection against discrimination to lations; allowed lations to be attournies and to be members of the jury
62
korematsu vs US
supreme court case, constituinal the incampment of 100000 japanese during world war 2; overturned in 2018
63
19th amendment
guarantees women right to vote in 1920
64
equal rights amendment
failed amendment, equality of rights under law shall not be denied or abdanged by us or any state on account of sex
65
reed vs reed
landmark supreme court case, first time upholding a claim of gender discrimination
66
craig vs boron
supreme court case, intermediate scrutiny standard for determining gender discrimination
67
american with disabillities act of 1990
required employers to make reasonable accommodations for people with disabilities prohibiting discrimination against these indv.
68
affirmative action
policy designed to give special attention for members of scene previously disadvantaged groups
69
regents of uc vs bakke
supreme court case, may weigh ethnic background as 1 element in admissions but cannot set ad=side places for members of certain groups
70
anaande construction vs Pena
supreme court case, unconstituinal for federal programs to classify people by race, even for good purposes
71
de jure
LAW is unconstitional (jim crow laws)
72
de facto
discrimination just happens (not intentional)
73
who is the poorest and most discriminated against minority
native americans

ap gov (7 decks)

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