Brooke ch. 4

Question 1

abraham lincoln

Answer 1

Abraham Lincoln was an American statesman, politician, and lawyer who served as the 16th president of the United States from 1861 until his assassination in April 1865.

Question 2

abolitionists

Answer 2

a person who favors the abolition of a practice or institution, especially capital punishment or slavery.

Question 3

alien and sedition acts

Answer 3

A series of laws known collectively as the Alien and Sedition Acts were passed by the Federalist Congress in 1798 and signed into law by President Adams.

Question 4

bill of attainder

Answer 4

an item of legislation (prohibited by the US Constitution) that inflicts attainder without judicial process.

Question 5

bill of rights

Answer 5

the first ten amendments to the United States Constitution.

Question 6

black lives matter

Answer 6

Black Lives Matter is an international activist movement, originating in the African-American community, that campaigns against violence and systemic racism towards black people.

Question 7

burger court

Answer 7

The Burger Court refers to the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States.

Question 8

capital cases

Answer 8

Capital case is a prosecution case for murder in which a jury is asked to decide whether a defendant should be put to death, if found guilty. A prosecutor must charge special circumstances in order to sentence a defendant to death.

Question 9

civil liberties

Answer 9

the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech.

Question 10

clear and present danger test

Answer 10

Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly.

Question 11

DeJonge v. Oregon

Answer 11

De Jonge v. Oregon, 299 U.S. 353, was a case in which the Supreme Court of the United States held that the Fourteenth Amendment’s due process clause applies to freedom of assembly.

Question 12

direct incitement test

Answer 12

Brandenbrug vs Ohio, that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur.

Question 13

double jeopardy clause

Answer 13

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb…

Question 14

due process rights

Answer 14

Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it.

Question 15

earl warren

Answer 15

Earl Warren was an American jurist and politician who served as the 14th Chief Justice of the United States and earlier as the 30th Governor of California. Wikipedia

Question 16

eighth amendment

Answer 16

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Question 17

eighteenth amendment

Answer 17

The Eighteenth Amendment of the United States Constitution established the prohibition of “intoxicating liquors” in the United States. The amendment was proposed by Congress on December 18, 1917, and was ratified by the requisite number of states on January 16, 1919.

Question 18

espionage act

Answer 18

The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I.

Question 19

establishment clause

Answer 19

the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.

Question 20

exclusionary rule

Answer 20

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Question 21

ex post facto law

Answer 21

An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.

Question 22

first amendment

Answer 22

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Question 23

fourth amendment

Answer 23

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question 24

fourteenth amendment

Answer 24

the amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves following the American Civil War.

Question 25

fifth amendment

Answer 25

an amendment to the US Constitution that contains a number of provisions relating to criminal law, including guarantees of due process and of the right to refuse to answer questions in order to avoid incriminating oneself.

Question 26

fighting words

Answer 26

words expressing an insult, especially of an ethnic, racial, or sexist nature.

Question 27

free exercise clause

Answer 27

refers to the section of the First Amendment italicized here: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Question 28

fundamental freedoms

Answer 28

The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.

Question 29

Gilton v. New York (1925)

Answer 29

was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution had extended the reach of certain limitations on federal government authority set forth in the First Amendment

Question 30

grand jury

Answer 30

a jury, typically of twenty-three people, selected to examine the validity of an accusation before trial.

Question 31

hate speech

Answer 31

abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.

Question 32

incorporation doctrine

Answer 32

The incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment.

Question 33

lemon test

Answer 33

Lemon test refers to the process of determining as to when a law has the effect of establishing religion. The Lemon test was formulated by Chief Justice Warren Burger in Lemon v. Kurtzman, 411 U.S. 192 (U.S. 1973).

Question 34

libel

Answer 34

a published false statement that is damaging to a person’s reputation; a written defamation.

Question 35

miranda rights

Answer 35

In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.

Question 36

miranda v. arizona (1966)

Answer 36

the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. … Miranda appealed to the U.S. Supreme Court, which reviewed the case in 1966.

Question 37

miller v. california (1973)

Answer 37

a landmark decision by the United States Supreme Court wherein the court redefined its definition of obscenity from that of “utterly without socially redeeming value” to that which lacks “serious literary, artistic, political, or scientific value”.

Question 38

New York Times Co v. Sullivan (1964)

Answer 38

New York Times Co. v. Sullivan, 376 U.S. 254, was a landmark United States Supreme Court case that established the actual malice standard that must be met for press reports about public officials to be considered libel. The decision defended free reporting of the civil rights campaigns in the southern United States.

Question 39

New York times Co v. U.s. (1971)

Answer 39

New York Times Co. v. United States, 403 U.S. 713, was a landmark decision by the United States Supreme Court on the First Amendment. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.

Question 40

Ninth Amendment

Answer 40

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Question 41

occupy wall street

Answer 41

was a left-wing protest movement that began on September 17, 2011, in Zuccotti Park, located in New York City’s Wall Street financial district, against economic inequality.

Question 42

planned parenthood of southeastern pennsylvania v Casey (1992)

Answer 42

Planned Parenthood v. Casey, 505 U.S. 833, was a landmark United States Supreme Court case in which the constitutionality of several Pennsylvania state statutory provisions regarding abortion was challenged.

Question 43

prior restraint

Answer 43

Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression.

Question 44

right to privacy

Answer 44

the right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy.

Question 45

Roe v. Wade (1973)

Answer 45

Roe v. Wade, 410 U.S. 113, is a landmark decision issued in 1973 by the United States Supreme Court on the issue of the constitutionality of laws that criminalized or restricted access to abortions.

Question 46

sedition laws

Answer 46

Sedition is overt conduct, such as speech and organization, that tends toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent towards, or resistance against established authority.

Question 47

selective incorporation

Answer 47

in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

Question 48

september 11th

Answer 48

The September 11 attacks were a series of four coordinated terrorist attacks by the Islamic terrorist group al-Qaeda against the United States on the morning of Tuesday, September 11, 2001.

Question 49

sixteenth amendment

Answer 49

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

Question 50

slander

Answer 50

h

Question 51

substantive due process

Answer 51

In United States constitutional law, substantive due process is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution.

Question 52

symbolic speech

Answer 52

symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it

Question 53

tenth amendment

Answer 53

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Question 54

the crown v zenger

Answer 54

an English barrister newly-arrived in New York, to lead an examination of the newspaper for statements that constituted the crime of seditious libel.

Question 55

undue burden test

Answer 55

In the field of reproductive rights, having the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a fetus that is not yet viable. Laws that impose an undue burden on a fundamental right are unconstitutional under current Supreme Court cases.

Question 56

warren court

Answer 56

The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. … The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.

Question 57

warren e burger

Answer 57

was the 15th Chief Justice of the United States, serving from 1969 to 1986.

Question 58

whole womanś health v Hellerstedt (2016)

Answer 58

is a landmark United States Supreme Court case decided on June 27, 2016. The Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion.

Question 59

writ of habeas corpus

Answer 59

Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

Question 60

civil rights

Answer 60

the rights of citizens to political and social freedom and equality.

Question 61

sixth amendment

Answer 61

The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights.