Unit 4: Civil Liberties, Civil Rights and Criminal and Civil Law

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48 terms · Unit 4 for Maryland HSA

First Amendment

freedom of speech,press,assembly,petition,and religion

establishment clause

the First Amendment guarantee that the government will not create and support an official state church

free exercise

the First Amendment guarantee that prohibits gov't from unduly interfering with the free excercise of religion

prior restraint

government censorship of information before it is published or broadcast

clear and present danger

A standard used to justify limitations on speech wich will lead directly to harm of others.

slander

words falsely spoken that damage the reputation of another

libel

(n.) a written statement that unfairly or falsely harms the reputation of the person about whom it is made; (v.) to write or publish such a statement

Tinker v. Des Moines

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption

standard of proof

a statement of how convincing the evidence must be in order for a party to comply with his or her burden of proof; criminal: "beyond a reasonable doubt"; civil: "by a preponderance of the evidence"

preponderence of evidence

Means that when both sides present their evidence, the greater weight of the believable evidence must be on the plantiffs side

beyond a reasonable doubt

the degree of proof required of the state in a criminal prosecution; 100 percent agreement by jury

plea bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

defendant

the person against whom a civil or criminal suit is brought in court

plaintiff

one who begins a lawsuit

prosecutor

a government official who conducts criminal prosecutions on behalf of the state

misdemeanor

a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

tort

a civil wrong committed against a person or property, excluding breach of contract

contract law

set of laws that specify what constitutes a legally enforceable agreement

mediator

neutral third party who facilitates a negotiated solution by using reasoning, persuasion, and suggestions for alternatives

negotiation

consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties

out of court settlement

When the parties and/or their attorneys in a civil dispute negotiate and work out an agreement to resolve their dispute without using the judicial system.

subpoena

a court order requiring appearance and/or testimony

warrant

A writ from a court commanding police to perform specified acts

Fourth Amendment

protects you from unreasonable search and seizure of your home and property

Fifth Amendment

can't deprive citizen of life, liberty, or property without due process of law, grand jury, double jeopardy, eminent domain, no self-incrimination

Sixth Amendment

the constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

probable cause

a reasonable basis to believe a person or premises is linked to a crime

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

double jeopardy

being tried twice for the same crime

grand jury

a jury to inquire in accusations of crime and to evaluate the grounds for indictments

indictment

a formal charge by a grand jury

writ of habeas corpus

a court order requiring jailers to explain to a judge why they are holding a prisoner in custody

due process

Established rules and regulations that restrain government officials.

Gideon v. Wainwright

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

New Jersey v. TLO

Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

racial segregation

attempt by white Southerners to separate the races in every sphere of life and to achieve supremacy over blacks

Jim Crow Laws

The "separate but equal" segregation laws state and local laws enacted in the Southern and border states of the United States and enforced between 1876 and 1965

grandfather clause

A device used by southern states to disenfranchise African Americans. It restricted voting to those whose grandfathers had voted before 1867.

Fourteenth Amendment

required states to grant citizenship to "all persons born naturalized in the U.S." and promised "equal protection of the laws."

incorporation

Application of portions of the Bill of Rights to the states under Amend. XIV

Plessy v. Ferguson

a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of "separate but equal".

Title IX Higher Education Act

provides for gender equality on sports teams in alluniversities and colleges recieving tax dollars

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.

Civil Rights Act of 1964

Landmark legislation that outlawed segregation in U.S. schools and public places. Began Equal Employment Opportunity Commission, prohibiting discrimination in all facets of public life and invalidated Jim Crow laws of the South.

Affirmative Action

programs intended to make up for past discrimination by helping minority groups and women gain access to jobs and opportunities

Brown v. Board of Education

1954, Separate is not equal, no more segregated schools

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