Unit 6
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Created by:
julianatordella on February 28, 2012
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29 terms
Terms | Definitions |
|---|---|
civil liberties | the personal guarantees and freedoms that the federal gov't cannot abridge by law, constitution, or judicial interpretation |
civil rights | the government protected rights of individuals against arbitrary or discriminatory treatment by government or individuals based on race, sex, nat' origin, age, religion, or sexual orientation |
double jeopardy | the prosecution of a defendant for a criminal offense for which he has already been tried, prohibited under the 5th amendment |
due process clause | clause in the 5th and 14th amendment that has been construed to offer individuals a variety of rights from economic liberty to criminal procedure rights to protection from arbitrary gov't action |
8th amendment | "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" |
establishment clause | prohibits the nat'l gov't from establishing a national religion, 1st amendment |
exclusionary rule | prohibits police from using illegally seized evidence at trial |
5th amendment | criminal amendment, grand jury, protection against self incrimination, prevents the nat'l gov't from denying people life, liberty, or the pursuit of happiness without due process. |
1st amendment | respecting civil liberties of the people, including freedom of religion, speech, press, assembly, and petition |
4th amendment | unreasonable search and seizure, must have a warrant |
free exercise clause | second clause of the first amendment, prohibits the US gov't from interfering with a citizen's right to practice his or her own religion |
(selective) incorporation doctrine | cases are incorporated to the states on a case by case basis, 14th amendment equal protection |
libel | false written statements tending to harm one's charater |
9th amendment | just because a right isn't listed, doesn't mean you don't have it |
prior restraint | prevents the gov't from prohibiting speech or publication before the fact, held to be in violation of the first amendment |
6th amendment | requires due process |
slander | untrue spoken statements that defame the character of a person |
symbolic speech | symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment |
10th amendment | reserve powers |
affirmative action | policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group |
equal protection clause | 14th amendment, all citizens are guaranteed equal protection |
15th amendment | citizens cannot be denied the right to vote because of race, color , or precious condition of servitude. civil war amendment |
14th amendment | guarantees equal protection under the law to all citizens. civil war amendment |
19th amendment | woman's suffrage |
strict scrutiny | standard of review by the supreme court applied to all 14th amendment cases |
13th amendment | bans slavery in the US, civil war amendment |
title 9 | Educational Amendments of 1972 that bands educational institutions that receive federal funds from discriminating against female students |
de jure | direct result of a law |
de facto | what is really happening, result of practice rather than the law |
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