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Flashcards in Chapter 4 and 5 Deck (43)
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1

Eminent Domain

A provision in the 5th amendment that requires the government to provide compensation when it takes private property for public use.

2

Due Process Clause

A specific provision in the 14 amendment that requires states to use normal judicial and criminal procedures before denying a citizen life, liberty, or property.

3

Clear and Present Danger Test

A guideline that requires the government to demonstrate that banned expression poses a definite and immediate threat to peace or national security.

4

Fighting Words

Derisive, insulting, or offensive words that inflict damage on other people and are therefore not protected by the first amendment.

5

Hate Speech

A form of expression that is hostile toward a particular race, ethnicity, gender, religion, nationality, or sexual orientation.

6

Libel

The publication of written material that damages a person's reputation.

7

Establishment Clause

A provision in the 1st amendment that prevents the government from endorsing religion.

8

Separation of Church and State

A constitutional principle that prevents the government from interfering with or advancing religion or religious activity.

9

Free Exercised Clause

A provision in the 1st amendment that prevents the government from prohibiting people from practicing their religion.

10

Search Warrant

A legal document that allows law enforcement to search someone's person, home, or business.

11

Probable Cause

A legal requirement that there be more evidence indicating guilt than indicating innocence before a law enforcement officer can act.

12

Exclusionary Rule

A judicially created civil liberties protection that prohibits the use of evidence in violation of the 4th amendment.

13

Miranda Rights

You have the right to remain silent, that anything you say can be used against them in court, that you have the right to the presence of an attorney and that if you cannot afford an attorney, then the court will provide you with one before the interrogation takes place.

14

Peremptory Challanges

The right of each side in a legal case to decide a set number of potential jurors without needing to express a reason for doing so.

15

Right to Die

An extension of the right to privacy that includes an individual's right to refuse life-saving medical treatment but does not include the right to commit suicide.

16

Civil Rights

The protections against unequal treatment that the government guarantees to all groups.

17

Race

A socially constructed classification of people based on their physical characteristics, especially skin color.

18

Ethnicity

A socially constructed classification of people based on national origin or culture.

19

Gender

Social relations between the sexes and attitudes about how the sexes interact and the roles that society assumes they will play.

20

Inequality

The extent to which one group enjoys more political, social, or economic benefits than another group.

21

Inequality of Opportunity

A form of inequality in which laws or official action deny specific groups social, political, or economic benefits that are available to others groups.

22

Inequality of Outcomes

Social and demographic forces, not official laws or policies, cause one group to enjoy more political, social, or economic benefits than another group.

23

De Jure Segregation

Physical separation of groups that results from laws or official government actions.

24

De Facto Segregation

Physical separation of groups that is not legally sanctioned or imposed by the government but instead stems from individual preferences and economic forces.

25

Dred Scott v. Sandford

1857 Supreme Court decision that ruled Congress lacked power to regulate slavery and Blacks no civil rights.

26

The Emancipation Proclamation

An executive order issued by President Abraham Lincoln during the Civil War that prohibits slavery throughout the United States.

27

Black Codes

Laws passed in the Southern States during the immediate aftermath of the Civil War that singled out Blacks for mistreatment and discrimination.

28

Reconstruction

The period from 1865-77 in which the Confederate states were brought back into the Union, often characterized by a military presence in the South and civil rights progress for Blacks.

29

Jim Crow Laws

The southern practice of racially segregating all public facilities, such as transportation, schools, libraries, hotels, hospitals, haters, parks, and cemeteries.

30

Plessy v. Ferguson

A controversial 1896 Supreme Court decision that ruled that under the 14th amendment, states were allowed to segregate by race.