Chapter 4

Question 1

Areas of personal freedom constitutionally protected from government interference.

Answer 1

Civil Liberties

Question 2

Obligation imposed on government to take positive action to protect citizens from all illegal action of government agencies and of other private citizens.

Answer 2

Civil Rights

Question 3

A court order demanding that an individual in custody be brought into court and shown the cause for detention.

Answer 3

Habeas Corpus

Question 4

The right of every citizen against arbitrary action by national or state governments.

Answer 4

Due Process of Law

Question 5

One of three civil war amendments; it guaranteed equal protection and due process.

Answer 5

14th Amendment

Question 6

The process by which different protections in the Bill of Rights were incorporated into the 14th Amendment.

Answer 6

Selective Incorporation

Question 7

The First Amendment clause that says that :Congress shall make no law respecting an establishment of religion”, this law means that a “wall of separation” exists between church and state.

Answer 7

Established Clause

Question 8

The 1st Amendment clause that protects a citizen’s right to believe and practice whatever religion one chooses.

Answer 8

Free Exercise Clause

Question 9

A test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional.

Answer 9

Strict Scrutiny

Question 10

Test to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society.

Answer 10

Clear and Present Danger

Question 11

peech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this from of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order.

Answer 11

Speech Plus

Question 12

An effort by a governmental agency to block the publication of materials it deems libelous or harmful in some other way; censorship; in the US, the courts forbid prior restraint except under the most extraordinary circumstances.

Answer 12

Prior Restraint

Question 13

A written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”.

Answer 13

Libel

Question 14

An oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory”

Answer 14

Slander

Question 15

Speech that directly incites damaging conduct.

Answer 15

Fighting Words

Question 16

The ability of courts to exclude evidence obtained in violation of the 4th Amendment.

Answer 16

Exclusionary Rule

Question 17

Jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence.

Answer 17

Grand Jury

Question 18

The 5th Amendment right providing that a person cannot be tried twice for the same crime.

Answer 18

Double Jeopardy

Question 19

The requirement, articulated by the Supreme Court in Miranda v. Arizona (1966), that persons under arrest must be informed prior to police interrogation of their rights to remain silent ad to have the benefit of legal council.

Answer 19

Miranda Rule

Question 20

The right of government to take private property for public domain.

Answer 20

Eminent Domain

Question 21

One of 3 civil war amendments; abolish slavery.

Answer 21

13th Amendment

Question 22

1 of 3 civil war amendments; it guaranteed voting rights for African American.

Answer 22

15th Amendment

Question 23

Provision of the 14th amendment guaranteeing citizens “the equal protection of the laws”; this law has served as a basis for the civil rights of African American, women, and other groups.

Answer 23

Equal Protection Clause

Question 24

Doctrine that public accomodations could be segregated by race but still be equal.

Answer 24

Separate but Equal Rule

Question 25

The 1954 Supreme Court decision that struck down the “separate but equal” doctrine as fundamentally unequal; this case eliminated state power to use race as a criterion for discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions.

Answer 25

Brown v. Board of Education

Question 26

Literally, “by law”; legally enforced practices, such as a school segregation in the South before the 1960s.

Answer 26

De Jure

Question 27

Literally, “by fact”; practices that occur even when there is no legal enforcement, such as school segregation in much of the US today.

Answer 27

De Facto

Question 28

Government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities.

Answer 28

Affirmative Action