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Unit 2 Rewiew
Law and Justice test rewiew
39
Law
10th Grade
03/13/2013

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Cards

Term
First Amendment
Definition
The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.
Term
Second Amendment
Definition
Right to keep and bear arms.
Term
Third Amendment
Definition
No quartering of troops in private homes.
Term
Fourth Amendment
Definition
Protection from unreasonable search and seizure.
Term
Fifth Amendment
Definition
Protects the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without the due process of law.
Term
Sixth Amendment
Definition
Protects individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Term
Seventh Amendment
Definition
Right to trial by jury in civil cases.
Term
Eighth Amendment
Definition
Protection against excessive bail and cruel and unusual punishment.
Term
Ninth Amendment
Definition
States that the people have rights other than those specifically mentioned in the Constitution
Term
Tenth Amendment
Definition
The powers not delegated to the federal government are reserved to the states.
Term
Freedom of Speech
Definition
The right to express any opinions without censorship or restraint.
Term
Freedom of Religion
Definition
The right to choose a religion (or no religion) without interference by the government.
Term
Symbolic Speech
Definition
actions that purposefully and discernibly convey a particular message or statement to those viewing it. Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly written as such in the document.
Term
WISCONSIN v. YODER
Definition
Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade.
Term
TINKER v. DES MOINES IND. COMM. SCHOOL DIST.
Definition
John Tinker, 15 years old, his sister Mary Beth Tinker, 13 years old, and Christopher Echardt, 16 years old, decided along with their parents to protest the Vietnam War by wearing black armbands to their Des Moines schools during the Christmas holiday season. Upon learning of their intentions, and fearing that the armbands would provoke disturbances, the principals of the Des Moines school district resolved that all students wearing armbands be asked to remove them or face suspension. When the Tinker siblings and Christopher wore their armbands to school, they were asked to remove them. When they refused, they were suspended until after New Year's Day. Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections? The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment.
Term
SCHENCK v. UNITED STATES
Definition
During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment. Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment? Holmes, speaking for a unanimous Court, concluded that Schenck is not protected in this situation.
Term
Separation of Church and State
Definition
distance in the relationship between organized religion and the nation state.
Term
Free Excersise Clause
Definition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
Term
Establishment Clause
Definition
prohibits a national religion
Term
Fighting Words
Definition
Words indicating a willingness to fight or challenge someone.
Term
Political Speech
Definition
Expressions which comment on government action rather than the private conduct of an individual.
Term
"Marketplace of Ideas"
Definition
rationale for freedom of expression based on an analogy to the economic concept of a free market. The "marketplace of ideas" belief holds that the truth will emerge out of the competition of ideas in free, transparent public discourse.
Term
Obsennity
Definition
(of the portrayal or description of sexual matters) Offensive or disgusting by accepted standards of morality and decency
Term
Defamation
Definition
The action of damaging the good reputation of someone; slander or libel
Term
Commercial Speech
Definition
speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the audience to partake in a particular action, often purchasing a specific product
Term
Hate Speech
Definition
outside the law, any communication which disparages a person or a group on the basis of some characteristic such as race or sexual orientation
Term
Time,Place, and Manner
Definition
restrictions accommodate public convenience and promote order by regulating traffic flow, preserving property interests, conserving the environment, and protecting the administration of justice.
Term
Vagueness of Speech
Definition
Speech is unclear
Term
_________ __________ decided to challenge the butler act
Definition
George Rappelyea
Term
_________ _ ________
Teacher voulenteered to challenge butler act
Definition
John T. Scopes
Term
On May __ he was arrested for a class he taught on April __
Definition
7,24
Term
John T Scopes was a ........
Definition
respected highschool teacher
Term
_________, Tennesse
is the location of the Scopes trial
Definition
Dayton
Term
___________ Darrow Famous lawyer who represented scopes. Thought court was a cockpit
Definition
Clawrence
Term
William __________ sec of state for pres wilson. Represented the prosecution.
Definition
Bryan
Term
Lemon Test
Definition
No Religios purpose, dosent help or hurt any religions, Gov and religion are not overly mixed.
Term
Endorsment Test
Definition
gov. cannot endorse or even appear to endorse any one religion.
Term
Coercin Test
Definition
Any law that forces you to participate in another religion
Term
Voucher System
Definition
parents recieve fixed amount to go to private school instead of public so that they can go to a relgious school.
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