Constitutional Rights

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79 Terms

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U.S. Constitution

Provides a workable framework for our federal government; 1789

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Declaration of Independence

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

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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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First Amendment

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

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Second Amendment

Right to bear arms for security

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third amendment

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

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fourth amendment

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

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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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sixth amendment

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

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seventh amendment

right to a jury trail if the amount exceeds $20

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eighth amendment

prohibits excessive bail and cruel and unusal punishment

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ninth amendment

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

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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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civil rights

personal, human rights recognized and garanteed by the Constitution

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legal rights

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

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legal duties

respect life of others, their freedom and their property

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Due process of law

5th amendment; requires adequate notice and a proper hearing

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due process of law garantees

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

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thirteenth amendment

abolition of slavery

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fifteenth amendment

gave the right to vote to black men

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sixteenth amendment

gave the right to vote to women

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seventeenth amendment

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

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peripheral rights

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

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1960

year the right of privacy was declared

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system of checks and balances

a balance of power between branches of government

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legislative branch

congress: senate and house

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Senate

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

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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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executive branch

president and vice-president; determined by the electorial college

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political party

private organization of citizens who select and promote candidates

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judicial branch

court systems

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pure democracy

every adult citizen may vote on all issues

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republic

representative democracy, voters select representatives to vote for them

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fourteenth amendment

limits states' powers

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FTC

Federal Trade Commission

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SEC

Securities and Exchange Commission

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NLRB

National Labor Relations Board

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FCC

Federal Communications Commission

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EEOC

Equal Employment Opportunity Commission

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OSHA

Occupational Safety and Health Administration

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CPSC

Consumer Product Safety Commission

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FDA

Food and Drug Administration

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EPA

Enviromental Protection Agency

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NRC

Nuclear Regulatory Commission

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DHS

Department of Homeland Security

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cyberlaw

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

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Who developed the Internet?

US Department of Defense

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When was the Internet developed?

late 1960's

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What was the Internet first called?

ARPANET

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What was the purpose of the Internet?

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

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

National Science Foundation

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When did the Internet begin being used for businesses?

1991

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

hypertext

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Who developed the web as we know it?

Tim Berners-Lee

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What is a browser?

uses hypertext to allow access

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HTML

hypertext markup language

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HTTP

hypertext transfer protocol

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state jurisdiction

business done between state citizens

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federal jurisdiction

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

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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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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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Miller vs. California (1973)

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

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Communications Decency Act (1996)

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

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Child Online Protection Act (1998)

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

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

no

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spamming

practice of sending unrequested emails in bulk to customers

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cookie

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

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What cookies are forbidden?

information on videos and cable programs rented or purchased

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What cookies are not forbidden?

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

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impeachment

trial of a government official for misconduct in office

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sovereignty

freedom from external control

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amendment

a change or alteration

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hypertext

nonlinear format for the publishing of information

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scanning program

accesses information from the internet in the form of a brower

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HTTP

provides the standard for exchanging files in HTML format

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e-commerce

the name of business that is conducted electronically

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spamming

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

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minimum contacts

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

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HTML

dictates the format of standard Web documents