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LGSA Chapter 4 Key Terms
Civil Rights and Liberties
22
Political Studies
Undergraduate 1
09/20/2011

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Term
Civil Liberties
Definition
Areas of personal freedom with which governments are constrained from interfering.
Term
Civil Rights
Definition
Legal or moral claims that citizens are entitles to make on government to protect them from the illegal actions of other citizens and government agencies.
Term
Strict Scrutiny
Definition
Higher standard of judicial protection for speech cases and other civil liberties and rights cases, in which the burden of proof shits from the complaint to the government.
Term
Exclusionary Rule
Definition
The ability of the court to exclude evidence obtained in violation of the fourth amendment.
Term
Miranda Rule
Definition
Principles developed by the supreme court in Miranda v. Arizona requiring those under arrest to be informed of their legal rights (right to counsel before police investigation, etc.)
Term
Establishment Clause
Definition
A wall of separation exists between the church and state, as outlined in the first amendment.
Term
Lemon Test
Definition
Rule developed in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, avoids "excessive entanglement," and neither promotes nor inhibits the practice of religion.
Term
Speech Plus
Definition
A conditional form of speech under the first amendment (protest) and are subject to state or local restrictions IF properly balanced by considerations of public order.
Term
Prior Restraint
Definition
An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship.
Term
Libel
Definition
A written statement in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory."
Term
Slander
Definition
An oral statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory."
Term
Fighting Words
Definition
Speech that explicitly incites damaging conduct.
Term
Due Process
Definition
To proceed according to law and with adequate protection for individual rights.
Term
Grand Jury
Definition
A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's guilt or innocence.
Term
Eminent Domain
Definition
The right of the government to take private property for public use, with reasonable compensation awarded for the property.
Term
Right to Privacy
Definition
The right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions.
Term
Equal Protection Clause
Definition
A clause in the fourteenth amendment that requires that states provide citizens "equal protection of the laws."
Term
"Separate but Equal"
Definition
Doctrine that public accommodations could be segregated by race but still be equal.
Term
De Jure Segregation
Definition
Racial segregation that is the direct result of law or official policy.
Term
De Facto Segregaton
Definition
Segregation that is the result of social and cultural factors; not the direct result of law or government policy.
Term
Intermediate Scrutiny
Definition
The test used by Supreme Court in gender discrimination cases; places burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional.
Term
Affirmative Action
Definition
A policy or program designed to redress historic injustices against specified groups by actively promoting equal access to education and employment opportunities.
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