1/55
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
|---|
No study sessions yet.
Exclusionary Rule
Evidence the government canes illegally and violating the fourth amendment can be excluded from trial
Gideon v. Wainwright
States must supply defense attorneys to indigent defendants
Griswold v. Connecticut
Privacy rights prevent state anti-birth control law
Mapp v. Ohio
States must follow the exclusionary rule
Metadata
Cell phone communication data minus the actual conversation
Miranda v. Arizona
States must inform the accused of their rights
New Jersey v. TLO
Students are entitled to a legitimate expectation of privacy but school officials do not have to have the same level of probable cause as police
Procedural due process
Address the manner in which laws are carried out and whether the law violates a basic right to life, liberty, or property
Public safety exception
Questioning to neutralize a dangerous situation and suspect voluntarily response, responses become evidence even if Miranda hasn't been read
Right to privacy
Protection of an individual's right to privacy and lifestyle
Roe v. Wade
States can't outlaw abortion in the first trimester and must adhere to the trimester standard established by the court due to a right of privacy
Search and seizure
Procedure used by the police to inspect or take property based on suspicion of a crime
Substantive due process
Address the essense of the law and whether the law violates a basic right to life, liberty, and property
Civil liberties
Personal freedoms protected from arbitrary governmental interference or deprivation
Clear and present danger test
Balancing act between competing demands of free expression and a government's need to protect a free society
Compelling governmental interest
a purpose important enough to justify the infringement of personal liberties
Due process
Ensures fair procedures where the government burdens or deprived an individual of life, liberty, and property without legal cause
Engle v. Vitale
School sponsored prayers in public schools is unconstitutional
Establishment clause
Prevented the federal government from establishing a national religion
Free exercise clause
prevents government from stopping religious practices
Libel
False statements in print that defame someone or hurt their reputation
McDonald v. Chicago
Protected the right to bear arms under the 14th amendment's due process clause and applies to federal, state, and local governments
New York Times v. United States
Defended free speech of press against prior restraint of the government
Obscene speech
Language and images offensive to the average citizen
Prior restraint
Right to stop spoken or printed expression in advance because it is either repugnant or offensive
Public interest
Freedom of speech could be restricted if the words were presented a clear and present danger to society
Schenck v. United States
Establish the limitations on Free speech may be warranted during wartime
Selective incorporation
States can't enact laws that take away constitutional rights
Symbolic speech
A defense used to defend an action that might otherwise be illegal
Tinker v. Des Moines Independent Schools
Protected students' rights to free speech as long as it wasn't disruptive to the educational process
Wall of separation
The distance in between church and state
Wisconsin v. Yoder
Protected freedom of speech and a parent's right to educate their children
Affirmative action
Efforts to diversify race or gender for federal jobs or schools
Brown v. Board of Education of Topeka, Kansas
Racial segregation of children in public schools was unconstitutional under the equal protection clause of the 14th amendment
Civil Rights Act of 1875
Privately owned places of public accommodations can't make distinctions between whites and blacks
Civil Rights Act of 1957
Established a civil rights commission and diverse in the Justice Department
Civil Rights Act of 1964
Ended segregation in public places and banned employment discrimination
Civil Rights Cases
Court ruled that the equal protection clause was meant to protect African-Americans against unfair state action
Defense of Marriage Act
Define marriage at the national level in declared states do not have to recognize same-sex marriages of other states
Don't ask, don't tell
Prevented the military about asking about private sexual status but also prevented gays and lesbians from acknowledging or revealing sexual status
Equal Pay Act
Requires employers to pay men and women the same wage for the same job
Equal Protection Clause
Prohibited state governments from denying person within their jurisdiction comparable preservation of the laws
Equal Rights Amendment
Equality of rights can't be denied on account of sex
Freedom-of-choice plans
Placed transfer a burden on black student seeking a move to a more modern white school
Heightened scrutiny test
2nd level of judicial review, challenged law must further an important government interest
Jim Crow Laws
Separated blacks and whites on trains, teachers, public restrooms, and public schools
Lawrence v. Texas
Laws targeting gays and lesbians are unconstitutional under the equal protection clause
Majority-minority district
A voting district where minorities make up the predominantly area
Obergefell v. Hodges
Required states under the 14th amendment to license and recognize same-sex marriage
Plessy v. Ferguson/ Separate but equal
Established separate but equal satisfied the 14th Amendment
Reasonableness standard
Allowing gender bias
Regents of the University of California v. Bakke
Upheld affirmative action allowing race to be a factor in college admissions
Strict scrutiny
Highest standard of judicial review, laws infringing fundamental rights must have a compelling state interest for the law and the law is necessary to protect an interest while being designed to be as narrow as possible
Swann v. Charlotte-Mecklenburg
Usage of mathematical ratios to achieve school integration between whites and blacks
Title IX
Colleges must make opportunities available for male and female students in substantially proportionate numbers based on full time undergraduates
White flight
Movement of white people from racially mixed neighborhoods to neighborhoods with little to no diversity