Unit 3 Test

Question 1

Civil Liberties

Answer 1

Protections from the abuse or government power

Question 2

Civil Rights

Answer 2

Protections from discrimination based on race, gender, or other minority status

Question 3

Selective incorporation

Answer 3

Applying the Bill of Rights to state law on a case-by-case basis

Question 4

Clear and present danger test

Answer 4

Speech posing an immediate/serious threat to national security is not protected by first amendment

Question 5

Libel

Answer 5

Printed defamation (falsely attacking a person’s good name/character)

Question 6

Slander

Answer 6

Spoken defamation (falsely attacking a person’s good name/character)

Question 7

Obscenity

Answer 7

Anything that depicts sexual activity in an offensive matter

Question 8

Prior restraint

Answer 8

When the government censors/suppresses material before it’s published

Question 9

Indictment

Answer 9

Formally charges a person with a criminal offense

Question 10

Preferred position doctrine

Answer 10

Reflects the court’s belief that freedom of speech is fundamental to liberty

Question 11

Shield laws

Answer 11

Allow reporters to conceal their sources of info in state cases (this is a state law not a federal law)

Question 12

Three-part obscenity test

Answer 12

1. Is it appealing primarily to people’s baser sexual instincts?
2. Does it lack other values like literary or artistic value?
3. Does it depict sexual behavior in an offensive manner

Question 13

Freedom of association

Answer 13

As long as groups do not threaten national security, the government cannot restrict the number or types of groups people belong to

Question 14

Free exercise

Answer 14

Government cannot prevent individuals from practicing their religion

Question 15

The establishment clause

Answer 15

Prevents government from establishing a state religion

Question 16

Lemon test

Answer 16

Determined whether a law violates the establishment clause:
1. Does it have secular (not religious) purpose?
2. Does it neither promote nor discourage religion?
3. Does it avoid excessive entanglement of government and religious institutions?

Question 17

Probable cause

Answer 17

Reasonable grounds for making a search (need this in order to obtain a search warrant)

Question 18

Search warrant

Answer 18

Limits where police may search and they may take as evidence (is signed by a judge)

Question 19

Exclusionary rule

Answer 19

Illegally obtained evidence cannot be used in court

Question 20

Objective good faith

Answer 20

Exception of exclusionary rule which allows use of illegally obtained evidence if the police officer believed their conduct was lawful and acted in good objective faith

Question 21

Inevitable discovery rule

Answer 21

Exception of exclusionary rule where illegally obtained evidence that would have eventually been found legally is admissible in court

Question 22

Exigent circumstances

Answer 22

Allows police to conduct an immediate search if they have a reason to believe evidence would disappear by the time they received a warrant and returned

Question 23

Grand jury

Answer 23

Is guaranteed when a suspect is held for a crime; they determine whether there is enough evidence to charge someone with a crime

Question 24

Double jeopardy

Answer 24

Prohibits people from being prosecuted for the same crime more than once

Question 25

Eminent domain

Answer 25

The right of the government to seize property for public use if seizure can be justly compensated

Question 26

Due process of law

Answer 26

Fair treatment through judicial system is entitled to citizens

Question 27

Self-incrimination

Answer 27

Right to remain silent; cannot be forced to say or do something that shows you are guilty of a crime

Question 28

Habeas corpus

Answer 28

Cannot be held in prison without a trial or legal reason to extend detention

Question 29

Implied right to privacy

Answer 29

1st, 3rd, 4th, 5th, 9th, and 14th amendments add up to guarantee of privacy

Question 30

Poll taxes

Answer 30

Tax that must be paid in order to vote (blacks had to pay this)

Question 31

Grandfather clauses

Answer 31

To allow poor, illiterate whites to vote, states passed these clauses that exempted from voting restrictions anyone whose grandfather had voted

Question 32

De facto segregation

Answer 32

Segregation not by law but by others factors (residential housing patterns)

Question 33

De jure segregation

Answer 33

Segregation by law

Question 34

Affirmative action

Answer 34

Sets of practices seeking to included underrepresented groups in education and employment

Question 35

Reverse discrimination

Answer 35

The act of penalizing whites by adding more opportunities for minorities

Question 36

Family and Medical Leave Act of 1993

Answer 36

Mothers and fathers are given the right to take 12 weeks of unpaid leave from work after giving birth

Question 37

Equal Rights Amendment

Answer 37

Was never ratified but its goal was to guarantee equal rights for women

Question 38

Civil Rights Restoration Act of 1988

Answer 38

Allowed the government to cut all funding to schools that violate the law of no gender discrimination

Question 39

Institutional racism

Answer 39

racism embedded as normal practice within society/organization

Question 40

intersectionality

Answer 40

interconnected nature of social categorization in an overlap causing discrimination or a disadvantage (race, class, and gender)