Unit 3 Vocab

Question 1

Civil liberties

Answer 1

applies to protections for all Americans from the abuse of government power

Question 2

Civil rights

Answer 2

protects particular groups from descrimination

Question 3

Selective incorporation

Answer 3

when the court applies the bill of rights to state government policy through the fourteenth amendment’s due process and equal protection clauses

Question 4

indictment

Answer 4

fifth amendment right to be formally accused of a crime by a grand jury

Question 5

clear and present danger test

Answer 5

established in Schenck v US, free speech may be limited if it threatens to harm the general welfare of the public

Question 6

slander

Answer 6

spoken defamatory language

Question 7

libel

Answer 7

written defamatory language

Question 8

obscenity

Answer 8

speech intended to cause violence

Question 9

Preferred position doctrine

Answer 9

any limits on speech must address severe, imminent threats to the nation

Question 10

Schneck v US

Answer 10

A socialist called on men not to enlist in the army during WW1, he was found guilty of violating the espionage act because his speech created a clear and present danger

Question 11

Tinker v des Moins

Answer 11

children from the Tinker family participated in a silent protest by wearing wristbands and were suspended by their school. This suspension was found unlawful because their form of speech did not cause a substantial disruption at school

Question 12

Shield laws

Answer 12

is a law that gives reporters protection against being forced to disclose confidential information or sources in state court

Question 13

obscenity test

Answer 13

would an average person find the work as appealing primarily to people’s sexual instincts, does the work lack any other value, does the work depict sexual behavior in an offensive manner

Question 14

NYT v US

Answer 14

Pentagon papers were leaked, but the government argued that this violated the espianage act and that they should have had the right to prior restraint, court decided that NYT had a right to publish the papers without government interference

Question 15

Freedom of association

Answer 15

the government may not restrict the number of type of groups or organizations that people belong to, provided those groups do not threaten national security

Question 16

establishment clause

Answer 16

the government may not establish or favor a religion

Question 17

free exercise

Answer 17

constitutional guaranteed right to allow individuals the right to practice any faith, as long as it does not harm others

Question 18

Lemon test

Answer 18

does the law have secular purpose, does the law neither promote nor discourage religion, does the law avoid “excessive entanglement” of government and faith

Question 19

Wisconsin v Yoder

Answer 19

the amish are permitted to remove their children from school after eighth grade in order to practice their faith and their cultural work, which is equal in value to a public school education

Question 20

first amendment

Answer 20

freedom of speech, religion, press assembly, and petition, as well as other rights

Question 21

second amendment

Answer 21

right to own a firearm (in relation to a militia)

Question 22

third amendment

Answer 22

individuals cannot be forced to quarter soldiers

Question 23

fourth amendment

Answer 23

freedom from unreasonable searches and seizures

Question 24

fifth amendment

Answer 24

right to avoid self-incrimination, protection against double jeopardy, right to a jury trial, right to a fair trial, protection from government seizures of property without compensation

Question 25

sixth amendment

Answer 25

right to a fast and public trial by an impartial jury, right to be made aware of criminal charges, right to witnesses, right to legal representation

Question 26

seventh amendment

Answer 26

protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value

Question 27

eighth amendment

Answer 27

protection from cruel and unusual punishment

Question 28

ninth amendment

Answer 28

the rights listed in the bill of rights do not take away other unwritten rights

Question 29

tenth amendment

Answer 29

all powers that are not expressly given to the federal or state government belong to state and local governments

Question 30

McDonald v Chicago

Answer 30

Chicago resident wanted to purchase a firearm but was unable because of city restrictions, the federal government found the city's restrictions unconstitutional

Question 31

US v Lopez

Answer 31

High schooler took a gun to school and was arrested for violating the gun free school zones act. This act was found unconstitutional because it was written using the commerce clause, and it was found that this clause did not apply merely to carrying a gun

Question 32

probable clause

Answer 32

the belief that a search of property will uncover signs of illegality

Question 33

objective good faith

Answer 33

allows for convictions in cases in which a search was not technically legal but was conducted under the assumption that it was legal

Question 34

inevitable discovery rule

Answer 34

illegally sized evidence that would eventually have been found legally

Question 35

exigent circumstances

Answer 35

reason to believe that someone may be harmed or that evidence could dissappear by the time a warrant was produced

Question 36

grand jury

Answer 36

a group of individuals that determines whether a person can be tried for an infamous crime, considers probable cause

Question 37

due process of law

Answer 37

a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts

Question 37

Gideon v Wainwright

Answer 37

Gideon was accused of several crimes, and the judge did not appoint him an attorney, meaning he had to represent himself. This was found to violate the sixth amendment right to an attorney

Question 37

eminent domain

Answer 37

government the power to take your property, even if you don't want to sell, with compensation, to be used in court

Question 38

Self-incrimination

Answer 38

a defendant cannot be forced to testify in a trial, and a jury cannot infer guilt if a defendant chose not to speack

Question 39

Civil rights act of 1875

Answer 39

banned discrimination in public places, as well as in selection for jury duty

Question 40

Equal Pay Act of 1963

Answer 40

made it illegal to base an employees pay on race, gneder, religion, or national origin (used to fight for other minority's rights)

Question 41

twenty-fourth amendment

Answer 41

outlawed poll taxes

Question 42

civil rights act of 1964

Answer 42

banned discrimination in public accommodations, and prohibited discrimination in hiring based on race and gender

Question 43

voting rights act of 1965

Answer 43

allows the government to interfere with states or counties that have a lower than 50% voter registration, or in areas that use literary tests to prevent voting

Question 44

Civil rights act title VIII 1968

Answer 44

banned racial discrimination in housing

Question 45

Brown v Board of Ed

Answer 45

the equal protection clause applies to school segregation. Separate but equal from Plessy v Fergison is unconstitutional

Question 46

de facto segregation

Answer 46

segregation that occurs because of different racial groups living in different areas

Question 47

de jure segregation

Answer 47

segregation by law

Question 48

affirmative action

Answer 48

the process by institutions of favoring minorities or members of historically discriminated against groups

Question 49

family and medical leave act of 1993

Answer 49

gives 12 weeks og unpaid leave to parents of newborns

Question 50

Title IX

Answer 50

prohibits gender discrimination by institutions of higher education that receive federal funds

Question 51

lilly Ledbetter fair pay act of 2009

Answer 51

expanded those limits to allow suits based on any discriminatory paycheck

Question 52

age discrimination act of 1967

Answer 52

prohinits employment discrimination on the basis of age, with an exceptions for jobs in which age is essential to job performance

Question 53

twenty sixth amendment

Answer 53

extended the right to vote to 18 year olds

Question 54

individuals with disabilities education act of 1975

Answer 54

ensured that children with disabilities can receive a free, appropriate public education

Question 55

voting rights act of 1982

Answer 55

requires states to create conressional districts with minority majorities

Question 56

Americans with disabilities act of 1990

Answer 56

requires businesses with more than 24 employees to make their offices accessible to people with disabilities. Requires public resources to be wheelchair-accessible. Mandated the development of wider telephone services for the hearing impaired