Constitutional Rights

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79 Terms

1

U.S. Constitution

Provides a workable framework for our federal government; 1789

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2

Declaration of Independence

A proclamation to let the King know that colonists wanted their rights; July 4, 1776

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3

Bill of Rights

First ten amendments to the Constitutions; based on the Magna Carter, Petition of Rights, and English Bill of Rights

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4

First Amendment

No law to prohibit freedom of speech, press, assembly, or petitioning of the government

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5

Second Amendment

Right to bear arms for security

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6

third amendment

government militaries cannot take over a citizen's house without consent

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7

fourth amendment

against unreasonable searches and seizures; warrants should be issued for probable cause

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8

fifth amendment

protection against self incrimination on trial; double- jeopardy, if not found guilty, a person canot be tried again; right to due process

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9

sixth amendment

right public and speedy trial; an impartial jury; right to a counsel

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10

seventh amendment

right to a jury trail if the amount exceeds $20

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11

eighth amendment

prohibits excessive bail and cruel and unusal punishment

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12

ninth amendment

just because the right is not mentioned in the constitution, does not mean it is not a right

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13

tenth amendment

powers not mentioned in the constitution for the federal government are reserved for the states; states can govern their own citizens without their own boundaries

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14

civil rights

personal, human rights recognized and garanteed by the Constitution

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15

legal rights

cannot be deprived of life, liberty, or property without due process

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16

legal duties

respect life of others, their freedom and their property

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17

Due process of law

5th amendment; requires adequate notice and a proper hearing

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18

due process of law garantees

4th, 5th, 6th, 7th, 8th, and 9th amendments

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19

thirteenth amendment

abolition of slavery

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20

fifteenth amendment

gave the right to vote to black men

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21

sixteenth amendment

gave the right to vote to women

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22

seventeenth amendment

1971, gave 18-year-olds the right to vote

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23

peripheral rights

rights not mentioned in the Constitution, but courts have recognized them as necassary for protection

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24

1960

year the right of privacy was declared

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25

system of checks and balances

a balance of power between branches of government

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26

legislative branch

congress: senate and house

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27

Senate

two members allowed per state, six year terms; has the power to try impeachment cases

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28

House of Representatives

based on population, two year terms; determines bills for taxing or the funds to start; brings impeachment charges

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29

executive branch

president and vice-president; determined by the electorial college

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30

political party

private organization of citizens who select and promote candidates

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31

judicial branch

court systems

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32

pure democracy

every adult citizen may vote on all issues

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33

republic

representative democracy, voters select representatives to vote for them

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34

fourteenth amendment

limits states' powers

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35

FTC

Federal Trade Commission

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36

SEC

Securities and Exchange Commission

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37

NLRB

National Labor Relations Board

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38

FCC

Federal Communications Commission

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39

EEOC

Equal Employment Opportunity Commission

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40

OSHA

Occupational Safety and Health Administration

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41

CPSC

Consumer Product Safety Commission

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42

FDA

Food and Drug Administration

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43

EPA

Enviromental Protection Agency

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44

NRC

Nuclear Regulatory Commission

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45

DHS

Department of Homeland Security

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46

cyberlaw

law that is intended to govern the use of computers in commerce and the Internet

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47

Who developed the Internet?

US Department of Defense

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48

When was the Internet developed?

late 1960's

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49

What was the Internet first called?

ARPANET

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50

What was the purpose of the Internet?

to increase pace of developements of the defense projects and share information

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51

Who created their own Internet in the late 1980's?

National Science Foundation

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52

When did the Internet begin being used for businesses?

1991

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53

What made the Internet user friendly in the 1990's?

hypertext

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54

Who developed the web as we know it?

Tim Berners-Lee

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55

What is a browser?

uses hypertext to allow access

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56

HTML

hypertext markup language

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57

HTTP

hypertext transfer protocol

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58

state jurisdiction

business done between state citizens

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59

federal jurisdiction

cases on large amounts ($75,000) or cases between different states

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60

Does the state where a lawsuit is filed allow a defendant to be from a different state?

if they havea long arm statute

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61

Roth vs. U.S.

no protection under the 1st amendment against obsenity; caused the question "Did the questionable material have any redeeming social importance?"

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62

Miller vs. California (1973)

the standard of communities affected by obscenity varies from community to community

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63

Communications Decency Act (1996)

made to control the knowing transmittal of obscene materical throught the Internet

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64

Child Online Protection Act (1998)

requires commercial sites to restrict access to their sites containing harmful matericcal to children

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65

Are personal e-mails on an employer's system protected by the right of privacy?

no

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66

spamming

practice of sending unrequested emails in bulk to customers

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67

cookie

list of sites visited, packet of info containing internet address and other personal information

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68

What cookies are forbidden?

information on videos and cable programs rented or purchased

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69

What cookies are not forbidden?

gathering of information and sharing it about users while they are online

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70

impeachment

trial of a government official for misconduct in office

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71

sovereignty

freedom from external control

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72

amendment

a change or alteration

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73

hypertext

nonlinear format for the publishing of information

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74

scanning program

accesses information from the internet in the form of a brower

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75

HTTP

provides the standard for exchanging files in HTML format

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76

e-commerce

the name of business that is conducted electronically

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77

spamming

sedning unrequested bulk e-mailing to hundreds of thousands of potential customers through the Interest

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78

minimum contacts

jurisdiction is only proper if the defendant has either a substantial, continuous, and systematic presence, or ___________ _________

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79

HTML

dictates the format of standard Web documents

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