Unit 3 - Civil Liberties and Civil Rights

Question 1

civil liberties

Answer 1

fundamental rights and freedoms protected from infringement by the government (protect citizen from the government)

Question 2

civil rights

Answer 2

protection from discrimination as a member of a particular group

Question 3

due process

Answer 3

restricts state governments from denying their citizens their life, liberty, or property without legal safeguards (part of 14th amendment)

Question 4

incorporation doctrine

Answer 4

bill of rights are extended to be applicable to state as well

Question 5

selective incorporation

Answer 5

process through which the supreme court applies fundamental rights in the bill of rights to the states on a case-by-case basis

Question 6

establishment clause

Answer 6

first amendment protection against the government requiring citizens to join or support a religion

Question 7

free exercise clause

Answer 7

first amendment protection of the rights of individuals to exercise and express their religious beliefs

Question 8

lemon test

Answer 8

evaluates whether a law or governmental activity violates the establishment clause

Question 9

clear and present danger

Answer 9

determine under what circumstances limitd can be placed on first amendment

Question 10

prior restraint

Answer 10

supression of material prior to publication on the grounds that it might endanger national security

Question 11

symbolic speech

Answer 11

protected expression in the form of images, signed, and other symbols

Question 12

hate speech

Answer 12

public speech that expresses hate or encourage violence toward a person or group

Question 13

slander

Answer 13

an untrue spoken expression that injures a person’s reputation

Question 14

libel

Answer 14

an untrue written statement that injure a person’s reputation

Question 15

fighting words

Answer 15

written or spoken words intended to incite hatred or violence from their target

Question 16

exclusionary rule

Answer 16

a rule that evidence obtained without a warrant is inadmissible incourt

Question 17

13th amendment

Answer 17

constitutional amendment that outlaws slavery

Question 18

14th amendment

Answer 18

constitutional amendment asserting that persons born int eh US are citizens and prohibits states from denying person s due process or equal protection under the law

Question 19

15th amendment

Answer 19

constitutional amendment that gave african americans the right to vote

Question 20

19th amendment

Answer 20

constitutional amendment granting women right to vote

Question 21

naacp

Answer 21

ensure political, educational, equality of minority group citizens of states and eliminate race prejudice

Question 22

civil rights act of 1964

Answer 22

legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate

Question 23

de jure discrimination

Answer 23

separation of individuals based on their characteristics intentionally and by law

Question 24

de facto discrimination

Answer 24

describe a situation where legislation did not overtly segregate students by race, but nevertheless school segregation continued

Question 25

equal rights amendment

Answer 25

guarantee legal gender equality for women and men

Question 26

strict scrutiny

Answer 26

law infringes upon a fundamental constitutional right

Question 27

equal pay act of 1963

Answer 27

protects against wage discrimination based on sex

Question 28

title ix

Answer 28

prohibiting sex discrimination in schools receiving federal aid, which has the impact of increasing female participating in sport programs

Question 29

affirmative action

Answer 29

policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics

Question 30

Engel v. Vitale

Answer 30

court ruled that it in unconstitutional to hold prayers in public school (even if its voluntary/nonreligious) because it violates the establishment clause

Question 31

Schenck v. US

Answer 31

court ruled that schenck's actions of critizing the draft would create a security/safety risk, which posses a clear and present danger (test created)

Question 32

New York Times v. US

Answer 32

court ruled that the government's actions to stop the company fro publishing classified study violates the first amendment since it does it cause a direct or immediate safety risk to the country

Question 33

Tinker v. Des Moines

Answer 33

court ruled that the students actions to wear armbands are protected by the first amendment because they are not interfering with school education; first amendment rights of freedom of expression

Question 34

Wisconsin v. Yoder

Answer 34

court ruled that the law that requires all children under 16 to attend school violates the first amendment since it prohibits families (ex. amish) from practicing their religion

Question 35

McDonald v. Chicago

Answer 35

court ruled that the citizens have the right to bear and own guns

Question 36

Gideon v. Wainwright

Answer 36

court argues with the fact that the sixth amendment should be applied to state courts, defendants in state courts are allowed an attorney present