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51 terms

AP NSL terms : CIVIL liberties and rights

Civil liberties and rights
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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 .