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Government
N/A
41
Grammar
Undergraduate 1
02/06/2012

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Cards

Term
Habeas Corpus
Definition
The legal doctrine that a person who is arrested must have a timely hearing before a Judge
Term
Bill of attainder
Definition
A Government decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial.
Term
Ex Post Facto Law
Definition
A law that retroactively declares some action illegal.
Term
Civil Liberties
Definition
Freedoms found primarily in the Bill of Rights that are protected from government interference.
Term
Economic Liberty
Definition
The right tot own and use property free from excessive interference.
Term
Due Process Clause
Definition
The section of the Fourteenth Amendment that prohibits states from depriving anyone of life, liberty, or property "Without due process of law," a guarantee against arbitrary or unfair government action.
Term
Selective Incorporation
Definition
The gradual and piecemeal incorporation of the protections of the Bill of Rights by the U.S. Supreme Court.
Term
Incorporation
Definition
The process by which the Supreme Court has made most of the provisions of the Bill of Rights binding on the states.
Term
Nationalizing
Definition
The process by which provisions of the Bill of Rights become incorporated.
Term
Prior Restraint
Definition
The government's power to prevent publication, as opposed to punishment afterwards
Term
Free Exercise Clause
Definition
That portion of the First Amendment to the Constitution that prohibits Congress from impeding religious observance or impinging upon religious beliefs.
Term
Establishment Clause
Definition
The part of the First Amendment to the Constitution that prohibits Congress from establishing an official religion; the basis for the doctrine of the separation of the church and state.
Term
Exclusionary rule
Definition
A standard promulgated by the Supreme Court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search.
Term
Probable Cause
Definition
Legal doctrine that refers to a reasonable belief that a crime has been committed.
Term
Capital Crime
Definition
Any crime for which death is a possible penalty.
Term
Equal Protection Clause
Definition
The section in the Fourteenth Amendment requiring states to provide equal treatment to all people within its boundaries.
Term
Jim Crow
Definition
Popular term for the system of legal racial segregation that existed in the American south until the middle of the twentieth century.
Term
Poll Tax
Definition
A tax to be paid as a condition of voting; used in the South to keep African Americans away from the polls.
Term
Literacy Test
Definition
A device used by the southern states to prevent African Americans from voting before the passage of the Voting Rights Act of 1965, which banned its use; usually involved interpretation of a section a state's constitution.
Term
Grandfather Clause
Definition
A device that allowed whites who had failed the literacy test to vote anyone by extending the franchise to anyone whose ancestors had voted prior to 1867.
Term
White Primaries
Definition
Primary elections open only to whites.
Term
De Jure Discrimination
Definition
Unequal treatment based on government laws and regulations.
Term
De Facto Discrimination
Definition
Unequal treatment by private individuals, groups, and organizations.
Term
Affirmative Action
Definition
Programs of private and public institutions favoring minorities and women in hiring and in admissions to colleges and universities in an attempt to compensate for past discrimination.
Term
Lemon Test
Definition
The government's action must have a secular legislative purpose;
The government's action must not have the primary effect of either advancing or inhibiting religion;
The government's action must not result in an "excessive government entanglement" with religion.
Term
Lemon v. Kurtzman
Definition
a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools (most of which were Catholic) for the salaries of teachers who taught secular material in these nonpublic schools, secular textbooks and secular instructional materials, violated the Establishment Clause of the First Amendment
Term
Symbolic speech
Definition
Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it
Term
Slander
Definition
The action or crime of making a false spoken statement damaging to a person's reputation
Term
Libel
Definition
A published false statement that is damaging to a person's reputation; a written defamation.
Term
Gag Order
Definition
A judge's order that a case may not be discussed in public
Term
Smith v Allwright
Definition
was a very important decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Democratic Party's use of all-white primaries in Texas, and other states where the party used the rule.
Term
Dred Scott
Definition
The United States Supreme Court decided 7-2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenship rules
Term
Civil Rights Act of 1964
Definition
was a landmark piece of legislation in the United States[1] that outlawed major forms of discrimination against African Americans and women, including racial segregation.
Term
Suffrage
Definition
The right to vote in political elections
Term
Separation of church and state
Definition
refers to the distance in the relationship between organized religion and the nation state.
Term
Laps Test
Definition
is part of the criteria for determining obscenity in Miller v. California (1973). Work is considered obscene if it lacks "Literary, artistic, political," or "scientific" value.
Term
Pretrial rights
Definition
Writ of habeas corpus (Article I, Section 9).
· Prompt arraignment (Amend. VI).
· Legal counsel (Amend. VIII).
· To be informed of charges (Amend. VI).

· To remain silent (Amend. V)
Term
Criminal Rights
Definition
Rights with the Police:
Miranda Warnings

Search and Seizure Rights

Warrants

Rights in Court:
Right to Counsel

Right Against Self-Incrimination

Right to a Speedy Trial by Jury

Right Against Double Jeopardy

Rights if Convicted:
Right Against Cruel and Unusual Punishment

Right to Counsel on Your First Appeal
Term
13th amendment
Definition
in 1865 this Amendment to the Constitution outlawed slavery.
Term
14th Amendment
Definition
In 1866, the amendment was passed and gave blacks the right of citizenship in America
Term
19th Amendment
Definition
"Congress shall have the power to enforce this article by appropriate legislation."
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