AP NSL terms : CIVIL liberties and rights
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Created by:
Lyanne14 on April 15, 2012
Subjects:
Ap nsl, Civil liberties, civil Rights, NSL. History, boring stuff, Government, National government and state
Description:
Civil liberties and rights
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51 terms
Terms | Definitions |
|---|---|
Civil Liberties | individual legal and constitutional protections against the government. |
Civil Rights | protect people against arbitrary or discriminatory treatment by government officials or individuals. |
First amendment | The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly. |
Incorporation Doctrine | case-by-case process by which liberties listen in the Bill of Rights have been applies to the states using the Due Process Clause of the 14th Amendment |
Due proccess of law | everyone has the right to a trial, with a jury, with a lawyer, and cant be forced to speak against them selves, All the procedures for fair treatment that must be carried out whenever a citizen is accused of a crime |
Establishment Clause | Clause in the First Amendment that says the government may not establish an official religion. Also separates church and state. |
Free Exercise Clause | prohibits government from interfering with the practice of religion or worship |
Prior Restraint | Censorship imposed on a speech before it published in a newspaper; usually unconstitutional |
Shield laws | state laws that protect journalists from having to reveal their sources |
Libel | Written statement of a public official that contains false statements that are malicious and in reckless disregard of the truth, damaging their reputation |
Slander | Spoken statement that refers to spoken Defamation (insult) that is malicious and is in reckless disregard of the truth |
Symbolic Speech | nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment. |
Commercial speech | Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads. |
The federal Communications Commission (FCC) | regulates the public airways |
right to associate and assemble | Right to gather together except for the limits as to ( TIME PLACE AND MANNER) |
Probable cause | reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion |
unreasonable search and seizure | Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence. |
exclusionary rule | Supreme Court guideline that prohibits evidence obtained by illegal searches or seizures from being admitted in court |
right to counsel | the guarantee in the sixth amendment to the constitution that a defendant in a criminal case have the assistance of an attorney |
Plea bargaining | a legal negotiation in which a prosecutor reduces a charge in exchange for a defendant's guilty plea |
6th amendment | Right to a fair, speedy trial |
8th amendment | Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment |
Reasonableness | Most classifications- bear a rational relationship to some legitimate governmental purpose (such as age classification) is constitutional |
Strict Scrutiny | Racial and ethnic Classifications- inherently suspect and are valid only if they serve a compelling public interest |
medium scrutiny | Gender Classifications- somewhere in between, they are presumed to be constitutional nor unconstitutional.Must bear a substantial relationship to an important legislative purpose. |
Grand Jury | A jury that see the evidence in a case to see if there is enough to conduct a trial. They do not decide innocence or guilt. |
Equal Protection Clause | 14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination |
de jure segregation | Segregation imposed by law. |
de facto segregation | Segregation resulting from economic or social conditions or personal choice. |
writ of heabeas corpus | court order directing that a prisoner be brought before a court and that the court officers show cause why the prisoner should not be released |
civil rights act of 1964 | the law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination |
civil disobedience | refusal to obey a law. Blacks Americans did sit-ins, protests, marches, and bus boycotts |
bill of rights | the first ten amendments to the united states constitution. it contains a listing of the rights a person enjoys that cannot be infringed upon by the government |
ex post facto law | a criminal law that is retroactive and that has an adverse effect upon one accused oa a crime |
freedom of association | the right to organize for political, religious, or other social purposes |
freedom of the press | the right to publish and disseminate information without prior restraint, subject to penalties for abuse of the right |
freedom of religion | freedom of worship and religious practice |
freedom of speech | the right to speak without prior restraint, subject to penalties for abuse of the right |
habeas corpus | a court order directing an official who has a person in custody to bring the prisoner to court and to show cause for his detention |
immunity | a privilege granted to a person that exempts him from prosecution for any self-incriminating testimony given by him before a court, grand jury, or investigating committee |
Equal Rights Amendment | constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender |
Comparable worth | Women should be paid salaries equal to men for equivalent job responsibilities &skills |
segregation | the separation of the white and black races in public and private facilities |
self-incrimination | the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. YThis is forbid against the 5th amendment |
suffrage | the right to vote |
reverse discrimination | Discrimination against whites or males in hiring or promoting |
Civil rights and women's Equality in employment Act of 1991 | proof in justifying hiring and promotional practice to employers who must show that employment practices are related to job performance |
Sexual harassment | no single factor is required to prove to win a sexual harassment case and the law is violated when the workplace environment "would reasonably be perceived, and is perceived, as hostile or abusive." |
The Americans with Disabilities Act of 1990 | prohibits discrimination against disabled people and requires covered entities to reasonably accommodate individuals who are protected by the act |
Graying of America | aging of American population due to decline in birth rate and increase in life expectancy |
affirmative action | programs intended to make up for past discrimination by helping minority groups in employment, promotion, or admission for member of groups who have suffered the effects of past discrimination . |
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