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GOVT 100G
Chapter 4
25
Civics
Undergraduate 1
02/02/2015

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Cards

Term
Civil Liberties
Definition
The protectors of citizens from improper governmental action.
Term
Civil Rights
Definition
The Legal or moral claims that citizens are entitled to make on the government.
Term
Exclusionary Rule
Definition
The ability of the court to exclude evidence obtained in violation of the Fourth Amendment
Term
Miranda Rule
Definition
The convention derived from the Supreme Court's 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation.
Term
Establishment Clause
Definition
The First Amendment clause that says, "Congress shall make no law respecting an establishment of religion." This clause means that a wall of separation exists between church and state.
Term
Lemon Test
Definition
Rule articled in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if ti is secular in purpose, does not lead to "excessive entanglement: with religion, and neither promotes nor inhibits the practice of religion.
Term
Speech Plus
Definition
Speech accompanied by activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order.
Term
Prior Restraint
Definition
An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States the courts forbid prior restraint except under the most extraordinary circumstances.
Term
Libel
Definition
A written statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory".
Term
Slander
Definition
If an oral statement (Liable) is made, it can be punished as ____.
Term
Fighting Words
Definition
Speech that directly incites damaging conduct.
Term
Due Process
Definition
Proceeding according to law and with adequate protection for individual rights.
Term
Grand Jury
Definition
A jury that determines whether sufficient evidence is available to justify trial. Grand juries do not rule on the accursed's guilt or innocence.
Term
Eminent Domain
Definition
The right of the government to take private property for public use, with reasonable compensation awarded for the property.
Term
Right to Privacy
Definition
The right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions.
Term
Amendment I
Definition
Limits on Congress: Congress cannot make any law establishing a religion or abridging freedoms of religion exercise, speech, assembly, or petition.
Term
Amendments II, III, IV
Definition
Limits on the Executive: The executive branch cannot infringe on the right of people to keep arms (II), cannot arbitrarily take houses for militia (III), and cannot search for or seize evidence without a court warrant swearing to the probable existence of a crime (IV).
Term
Amendments V, VI, VII, VIII
Definition
Limits on the Judiciary: The courts cannot hold trials for serious offenses without provision for a grand jury (V), a trial jury (VII), a speedy trial (VI), presentation of changes and confrontation by the accused of hostile witnesses (VI), immunity from testimony against oneself, and immunity from trail more than once for the same offense (V). Furthermore, neither bail nor punishment can be excessive (VIII), and no property can be taken without "just compensation" (V).
Term
Amendments IX, X
Definition
Limits on the National Government: Any rights not enumerated are reserved to the states or the people (X), and the enumeration of certain rights in the Constitution should not be interpenetrated to mean those are the only rights the people have (IX).
Term
Equal Protection Clause
Definition
The provision of the 14th Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for the civil rights of African Americans, women, and other groups.
Term
"Separate but Equal" Rule
Definition
The doctrine that public accommodations could be segregated by race but still be equal.
Term
De' Jure Segregation
Definition
Racial segregation that is a direct result of law or official policy.
Term
De' Facto Segregation
Definition
Racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distribution, or other social factors.
Term
Intermediate Scrutiny
Definition
The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional.
Term
Affirmative Action
Definition
A police or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities.
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