Civil Right, Civil Liberties, the Courts

Civil liberties

The constitutional protections of all people against governmental restrictions on the freedoms of conscience, religion and expression protected in the Bill of Rights and the duke process clause of amendments, 5 and 14

Civil Rights

The constitutional rights of all people to do process and equal protection, no discrimination under the law, protected by the Bill of Rights fifth and 14th amendments and civil rights laws of national and state governments

Legal privileges

Like rights to welfare benefits, or drivers license granted by government and maybe subject, conditions or restrictions

Writ of habeas corpus

Constitutional, right, a court order requiring explanation to a judge as to why prisoners being held in custody

No ex post facto laws

Constitutional right, no retroactive law that works to disadvantage of a person

14th amendment

Extended due process clause to states allowed courts to use Bill of Rights to limit state government power

Due process clause

Clause in the fifth amendment, limiting the power of the national government, similar clause in the 14th amendment, prohibit state government from depriving, any person of life, liberty or property without due process of law

Fifth amendment

Due process clause to protect citizens from national government

Selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the 14th amendment, and so applied to state and local governments this profoundly altered relationship between national and state governments

First amendment

Freedom of religion, freedom of speech, freedom of the press

Establishment clause

States that Congress shall make no law respecting and establishment of religion. Supreme Court has interpreted this to forbid, direct, governmental support, any or all religions, the wall of separation.

Lemon test

One law must have a secular legislative purpose to must neither advance or in inhibit religion three avoid excessive governmental entanglement with religion

Endorsement test

Forbids, governmental practices that are reasonable observer would view as endorsing religion

Nonpreferentalist test

Government may accommodate religious activities and even support religious organizations as long as the government doesn’t course individuals to participate in religious activities or show preference for certain religious activities

Strict separation

Holds that even indirect support for religion crosses the line. This is a minority liberal view now.

Free exercise clause

States that Congress can’t make a lie prohibiting the free exercise of religion

Commercial speech

Advertisements and commercials for products and services receive less first amendment protection to discourage, false, misleading ads

Bad tendency test

Interpretation of the first amendment allows legislature to forbid, speech encouraging people to engage in illegal action abandoned in 1920

Clear and present danger test

Interpretation that the government can’t interfere with speech unless that speech presents are clear and present danger that it will lead to evil or illegal as required government to show the eminent danger of the speech in order to restrict it used in 1950s

Preferred position doctrine

Interpretation that government can’t punish people for what they say only what they do 1940s

No prior restraint

Censorship and posing before a speech is made or newspaper is published. This is unconstitutional.

Content viewpoint neutrality laws

Lost that apply to all kinds of speech, and to all views not only that which is unpopular or divisive usually OK

Libel

Written defamation of another person with intentional malice. Not protected

Slander

Spoken defamation of another person with intentional malice

Obscenity

Quality state of a work that as a whole depicts sexual conduct an patently offensive way, without serious, literary, artistic, political, or scientific value

Fighting words

Words, that, by their very nature, inflict injury on those to whom they’re addressed, or to incite them to acts a violence

Reporter shield laws

Protect reporters from state court subpoena, since the Supreme Court doesn’t recognize source confidentialities for reporters

Civil disobedience

Deliberate refusal to obey or comply with a law even if it is peaceful, it is not protected

Freedom of assembly

Reasonable time, place and manner

Property rights

The rights of an individual to use on rent invest in buy and sell property

Eminent domain

Power of government to take private property for public use US constitution, gives national and state governments this power, and requires them to provide just compensation for property so taken

Regulatory taking

A government regulation that effectively takes land by restricting its use even if it remains in the owners name, requires government to compensate the owner

Due process rights

Established rules and regulations that restrain governmental officials fifth and 14th amendments

Procedural due process

A constitutional requirement that governments perceived by proper methods, limited government, may exercise power how the law is applied

Substantive due process

A constitutional requirement that governments act reasonably, and that the substance of laws themselves to be fair and reasonable limits, what a government may do, what a government may do

Privacy rights

Combines first, third, fourth, fifth ninth and 14th amendment not specifically a right in the Bill of Rights but Congress interpreted to be implied

One right to be free from governmental, surveillance and intrusion to write to be free in thought and believe from government regulations three right to not have government make private affairs, Public

rights criminal suspects

Guaranteed rights under fourth fifth sixth eighth and 14th amendments

Search warrant

No unreasonable searches please need a valid search warrant a red issued by a magistrate that authorizes the police to search a particular place or person specifying the place to be search, and the objects to be seized

Must be justified by probable cause

General search warrants are unconstitutional

Warrantless search

Exceptions given in fourth amendment is a persons, consent, coerced or an officers public safety at risk

Terry search

Short, stop and frisk if officer has reason to believe someone is armed and dangerous has committed or is about to commit a federal offense. If they find criminal evidence justifying an arrest officer can make a full search.

Exclusionary rule

Requirement that evidence, unconstitutionally or illegally obtained, is excluded from a criminal trial. No evidence obtained violating fourth amendment.

Good faith, exception

Police relied on a search warrant that turned out to be defective or granted, and properly evidenced can still be used

Fifth amendment

Right to remain silent protection, against self-incrimination

Miranda warning

No conviction obtained by police during custodial interrogation can stand as evidence, unless suspects were warned of their rights

Grand jury

A jury of 1223 people depending on state and local requirements, who, privately here evidence presented by the government to determine whether people will be required to stand trial. If the jury believes that there’s sufficient evidence that a crime was committed it issues an indictment they are required at federal level by the fifth amendment.

Petit, Jury

A jury of 6 to 12 people that determines whether a defendant is found guilty in a civil or criminal action

indictment

Also known as a true bill given by grand jury if they believe a trial is justified

Plea bargain

An agreement between a prosecutor, and a defendant of the defendant, will plead guilty to a lesser offense, to avoid having to stand trial for more serious offense

Eighth amendment

For bids, levying excessive fines and inflicting, cruel, and unusual punishment

Double Jeopardy

Trial or punishment for the same crime by the same government for bidden by the constitution

Civil rights

The rights of all people to be free from irrational discrimination based on race, religion, sex, or ethnic origin

Natural rights

The rights of all people to dignity and worth also called human rights

Affirmative action

Remedial action designed to overcome the affects of discrimination against minorities and women

Naturalization

Illegal action conferred citizenship on an alien

Dual citizenship

Citizenship in two or more nations

Right of expectoration

Right of citizen to renounce citizenship

14th amendment

All people born on US soil are US citizens

Women’s suffrage

The right to vote

Reservation

Attract of land, given to tribal nations to treaties with the federal government

Equal protection clause

A clause in the 14th amendment that forbid any state tonight any person with industries, diction, equal protection of the lights by interpretation the first amendment, and poses the same limitation the national government. The clause is the major constitutional restraint on the power of government to discriminate against people

only for bids unreasonable discriminationonly for bids unreasonable discrimination

Due process clause

Fifth amendment limits, the power of the national government, similar clause and 14th amendment limits state government

rational basis test

A standard developed by the courts to test the constitutionality of a walk when applied a loss constitutional as long as it needs a reasonable government interest. Burden of proof is on parties attack in the La.

Strict scrutiny a test

Test applied by the court went to classification is based on race. The government must show that there is a compelling reason for the law, and no other less restrictive way to meet the interest burden is on the government.

Suspect classification

Where people have been deliberately subjected to severely unequal treatment, or that society has used to render people, politically powerless

Heightened scrutiny test

Applied with the law classifies based on sex to be upheld law must be an important government interest

Fundamental rights

Explicitly or implicitly, implied in constitution, such as travel and voting, not education

Literacy test

Requirement some states imposed is a condition of voting used to disqualify black voters in the south now illegal

White, primary

Democratic party for the one party south primary for only white people determined election without black voters unconstitutional

Racial gerrymandering

Drawing election districts, so, that members of a race, and are a minority in the district unconstitutional

Poll Tax

Tax required to vote prohibited for national elections in 24th amendment and ruled unconstitutional in all elections

Voting act of 1965

Prohibit standards that result into nine, and he says since right to vote on account of race or color, as well as any threats or intimidation aimed at preventing citizens from voting states, must provide for districts, roughly proportional to the minority photos, respective shares in the voting age population

Majority Minority districts

A congressional district created to include a majority of minority voters constitutional, as long as race is not the main factor in redistricting

Commerce clause

Clause of the constitution that gives Congress, the power to regulate all business activities across state lines affect more than one state or other nations

Restrictive covenant

A provision in the deed to real property prohibiting it sell to a person of a particular race. Religion, judicial enforcement of such D’s is unconstitutional.

1968 fair, housing act

For bids discrimination in housing

de jure segregation

Imposed by law

De facto segregation

Resulting from economic or social conditions or personal choice

Judicial review

The power of a quarter view, laws or governmental regulations to determine whether they are consistent with US Constitution or in a state card the state constitution

Adversary system

A judicial system, in which the court of law is a neutral arena, where two parties argue, their differences

Criminal law

A law that defines crimes against the public order liberty at stake attorneys appointed, it can’t be afforded right to a jury

Civil law

Governs relations between individuals in defines the legal rights penalties monetary. No provided attorney no right to Drury.

Prosecutor

Governmental lawyer, who tries criminal cases, district attorney, or US attorney

Defendant

Person or a party accused of the fence

Justicable dispute

I dispute, going out of an actual case controversy that is capable of settlement by legal means

Plaintiff

Party instigating a civil suit must have standing to sue hypothetical harm is not enough

US Attorney General

Head of US Department of Justice chiefs, law enforcement officer in the US

Solicitor General

Responsible for representing the US in cases before the US Supreme Court

Public defender system

An arrangement, whereby public officials are hired to provide legal assistance to people accused of crimes were unable to hire their own attorney

District courts

Courts in which criminal and civil cases are originally tried in the federal judicial system

Circuit court of appeals

Courts with a peloton juridctiom that hear appeals from the decisions of lower courts located and 11 judicial circuits

Precedent

A decision made by a higher court that is binding on all other federal courts

Supreme court

Court of last resort nine justices

Original jurisdiction

Authority of a court to hear a case in the first instance

Appellate jurisdiction

Authority of a court review decisions made by lower courts

Writ of habeas corpus

A court order requiring explanation to a judge. My prisoner is being held in custody.

Senatorial courtesy

The presidential custom of submitting the names of perspective appointees for approval. The sentence from the states in which the points are to work need Senate consent on a blue slip

Litmus test

Committee interviews candidates to determine their positions

Judicial activism

The philosophy proposing that judges should freely, strike down laws, and acted by the democratically elected branches

Judicial restraint

A philosophy proposing that judges should strike down the actions of the elected branches, only if they clearly violate the constitution

writ of CERT

A formal writ used to bring a case before the Supreme Court