Civics and Economics Honors - Unit #5 Quiz

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58 Terms

1

Relative

In the US, Civil and Criminal rights are considered...

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2

Absolute

In the US, Natural Rights are considered...

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3

Civil Law

Deals with the private rights of the citizens

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4

Criminal Law

Deals with the social contract and the rights of society

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5

Liability

Civil Law is based on a plaintiff suing a defendant for...

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6

Guilt

Criminal Law is based on a government indicting a defendant with...

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7

Tort

Violation of Civil Law

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8

Monetary Payment and/or Injunction

Punishment for Civil Law

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9

Crime

Violation of Criminal Law

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10

Loss of Liberty and Life

Punishment for Criminal Law

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11

Penal

Punishment is also called...

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12

Injunction

court order to cease an activity

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13

a listing of negative liberties

The Bill of Rights is called...

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14

Amendments 1-8

Specific Civil and Criminal Protections from the Federal Government

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15

Amendment 9

Unenumerated Rights - The right to potential additional rights in the future

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16

Amendment 10

Reserved Powers for the States

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17

Amendment 14

A guarantee of due process protection from STATE government

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18

Due Process

The fair legal procedures government must follow when dealing with its citizens

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19

Reasonable Person Standard

the standard that the US Courts use

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20

Incorportation

applying the bill of rights to the state government

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21

Gitlow v New York - 1920

1st Incorporation Case over Free Speech

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22

Honorary Member

the 14th Amendment is considered a ___ ___ of the Bill of Rights

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23

5 Basic Freedoms

How many freedoms are covered in the 1st Amendment?

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24

Freedom of Religion

The First Freedom of the First Amendment is...

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25

Freedom of AND from religion

Specifically the 1st Amendment covers...

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26

Secular

Non-religious

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27

The Establishment Clause

Congress shall make no law respecting an establishment of religion

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28

The Free Exercise Clause

Nor prohibiting the free exercise there off

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29

No Mandatory National Religion

Original Intent of the Establishment Clause

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30

Separation of Church and State

Today's SCOTUS Interpretation of the Establishment Clause

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31

Church

any religious expression

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32

State

any area paid for by tax payer dollars

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33

Natural Law based Religion

Original Intent of the Free Exercise Clause

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34

Any Belief System

Today's SCOTUS Interpretation of the Free Exercise Clause

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35

Precedent

legal 1st which sets the standard for future cases

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36

Public Education

A plurality of SCOTUS cases regarding religion have involved...

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37

Ye Olde Deluder Satan Act

the 1st law that required public education for religious instruction

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38

Northwest Ordinance

Governed the territories before they became states for purposes of "Knowledge and Religion/Morality"

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39

Everson v Board of Education - 1947

Established the modern separation of church and state

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40

Engel v Vitale

SCOTUS ruled that the reading of a nondenominational and voluntary prayer at the beginning of a public school day violated the Establishment clause

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41

Abington School District v Schempp

SCOTUS ruled that Bible reading as part of the school day violated the Establishment Clause

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42

Academic Purpose and Student Discretion

Abington School District v Schempp EXECPTIONS

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43

Lemon v Kurtzman

Established the "Excessive Entanglement Standard" regarding the Government and Religion

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44

Excessive Entanglement Standard

  • Gov Involvement must have a secular purpose

  • Gov Involvement must not help or hinder religion

  • Gov and Religion must not excessively entangle

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45

Wisconsin v Yoder

SCOTUS ruled that state mandated compulsory attendance laws for public education violated the Free Exercise Clause

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46

Stone v Graham

SCOTUS ruled that the posting of the 10 commandments in public schools violated the Establishment Clause

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47

Van Orden v Perry

The 10 Commandments may be posted in public courthouses due to historical context

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48

Wallace v Jaffree

SCOTUS ruled that moments of silence in public schools violate the Establishment Clause - if they suggest the use of prayer

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49

Westside v Mergens

SCOTUS ruled that public school bans before/after hours bible clubs violate the Free Exercise Clause

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50

Equal Access Act

Bans discrimination in public schools on religion and politics

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51

Lee v Weisman

SCOTUS ruled that prayer at graduation ceremonies violates the Establishment Clause - UNLESS it is student led

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52

Santa Fe School District v Doe

SCOTUS Ruled that loudspeaker prayer at public school events violated the Establishment Clause - unless it is student-led and student-initiated

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53

Zelman v Simmons

SCOTUS ruled that tax vouchers are constitutional payments for private religious school tuition

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54

Greece, NY v Galloway

SCOTUS upheld the right of inmates to violate prison dress codes in the name of religious expression

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55

Cutter v Wilkinson

SCOTUS upholds prisoner rights to practice Satanism

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56

Kennedy v Bremerton School District

SCOTUS upheld the right of public school sports coaches to lead their teams in prayer on the field of play after coaching

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57

Epperson v Arkansas

SCOTUS denies state to not teach Evolution

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58

Edwards v Agiullara

SCOTUS says the state cannot be required to teach creationism AND evolution

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