civil rights Flashcards

1
Q

1st amendment

A

Freedom of speech, the press, religion, assembly, petition the government, and Establishment Clause

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2
Q

2nd amendment

A

bear arms

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3
Q

3rd amendment

A

no quartering troops

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4
Q

4th amendment

A

no unreasonable searches or seizures

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5
Q

5th amendment

A

Right to a grand jury, no double jeopardy, no self incrimination, no private property taken without compensation

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6
Q

6th amendment

A

Right to a speedy and public trial, informed of the charges, confront witnesses, counsel

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7
Q

7th amendment

A

jury in civil case

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8
Q

8th

A

No excessive bail or cruel or unusual punishment

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9
Q

9th

A

Enumerated powers

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10
Q

10th amendment

A

Powers not delegated in the Constitution are reserved to the states

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11
Q

Civil liberties:

A

the legal constitutional protections against government; although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning

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12
Q

Gitlow v. New York:

A

holds that freedom of the press and speech are fundamental personal rights and liberties protected by the due process clause of the 14th amendment

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13
Q

The Fourteenth Amendment:

A

equal protection and due process

, citizenship

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14
Q

Incorporation doctrine:

A

the legal concept under which the Supreme court has nationalized the Bill of Rights by making most of its provisions applicable to the states (14th amendment)

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15
Q

Lemon v Kurtzman: aid to church related schools must do the following:

A

Have a secular legislative purpose
Have a primary effect that neither advances nor inhibits religion
Not foster an excessive government “entanglement” with religion

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16
Q

Employment division vs. Smith:

A

state laws interfering with religious practices but not specifically aimed at religion are constitutional

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17
Q

Prior restraint:

A

censorship

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18
Q

Near v. Minnesota:

A

the first amendment protects newspapers from prior restraint

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19
Q

Schenck v. United States:

A

government can limit speech if the speech provokes a clear and present danger of substantive evils

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20
Q

Miller v. California:

A

re: obscenity: defining obscenity by holding that community standards be used to determine whether material is obscene

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21
Q

New York Times vs. Sullivan:

A

public figures must prove that the defamatory statements were made with “actual malice”

22
Q

Symbolic speech:

A

nonverbal communication, such as burning a flag or wearing an armband

23
Q

Commercial speech:

A

communication in the form of advertising; it can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court

24
Q

NAACP v. Alabama:

A

people have the right to associate with whichever groups they want

25
Q

Probable cause

A

: the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed to legally search for and seize incriminating evidence.

26
Q

Search warrant:

A

a written authorization from a court specifying the area to be searched and what the police are searching for

27
Q

Exclusionary rule:

A

the rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.

28
Q

mapp v. ohio

A

exclusionary rule

29
Q

Miranda v. Arizona:

A

established Miranda Rights
Right to remain silent
What you say can and will be used against you in a court of law
Right to counsel

30
Q

Gideon v Wainwright:

A

no matter how poor someone is, they have a right to counsel

31
Q

Plea bargaining:

A

defendant will plead guilty to a lesser crime

32
Q

Gregg v. Georgia:

A

death sentence is not cruel and unusual punishment

33
Q

Right to privacy:

A

the right to private personal life free from the intrusion of the government

34
Q

Griswold v. CT:

A

upheld a right to contraception

35
Q

Roe v. Wade:

A

state bans on abortion are unconstitutional

36
Q

Planned Parenthood v. Casey:

A

loosened standard for evaluating restrictions on abortion from strict scrutiny to an “undue burden”; has lead to more regulations and restrictions on abortion

37
Q

DC v. Heller:

A

protects an individual’s right to own a firearm

38
Q

Civil Rights:

A

policies designed to protect people against arbitrary or discriminatory treatment by government officials

39
Q

de jure

A

by law

40
Q

de facto

A

in reality

41
Q

Civil Rights Act of 1964:

A

made racial discrimination in hotels, motels, restaurants, etc illegal
also gender

42
Q

Amendments re: Suffrage: the legal right to vote

A
15th amendment (african american suffrage)
19th amendment (women’s suffrage)
26th amendment (reduced voting age to 18)
24th amendment (outlawed poll tax)
43
Q

Coverture:

A

deprived married women of any identity separate from their husbands

44
Q

Reed v. Reed:

A

first instance of Supreme Court upholding a claim of gender discrimination

45
Q

Comparable worth:

A

the issue raised when women who hold traditionally female jobs are paid less than men for working @ jobs requiring comparable skill

46
Q

Americans w/ Disabilities Act:

A

requires employers and public facilities to make reasonable accommodations for and prevent discrimination against people w/ disabilities

47
Q

Bowers v. Hardwick:

A

allowed states to ban gay relations

48
Q

Don’t Ask Don’t Tell:

A

strict prohibition against gay conduct in the military

49
Q

Affirmative action:

A

policy designed to give special attention to members of a disadvantaged group

50
Q

UC Davis v. Bakke:

A

state university could not admit less qualified students due to race