Test Chapters 6/9

“clear and present danger” test

One of the tests used to judge government restrictions on speech

disorderly conduct

Loud, obnoxious, or other offensive conduct in a public place

fighting words

Speech which, because it will likely incite immediate violence, is not protected by the First Amendment

obscenity

Communication that the average person, using contemporary community standards, would find appeals to the prurient interests or depicts sexual conduct in a patently offensive manner and, taken as a whole, lacks serious artistic, literary, political, or scientific value

inciting

The offense of urging another to commit an unlawful act

defamation

The offense of injuring the character or reputation of another by oral or written communication of false statements. ___ consists of libel (written offense) or slander (oral offense)

symbolic speech

Nonverbal expressions that convey a belief or idea

threats of violence

Statements or actions that unequivocally convey the message that violent actions will be taken

true threat

A serious expression of an intent to inflict bodily harm

unlawful assembly

Under common law, a gathering of three or more people for any unlawful purpose or under such circumstances as to endanger the public peace or cause alarm or apprehension

riot

Under the common law, a tumultuous disturbance of the peace by three or more people assembled with a common purpose to do an unlawful act

stalking

A crime involving activities such as spying on the victim, following the victim, or attempting to communicate with the victim through the telephone or mail.

self-defense

The elements to evaluate whether an act of force for _ _ is justified include the unlawfulness of the other’s action, the necessity to defend oneself immediately, and the reasonableness of the act of self-defense under the circumstances

defense of another

the elements to evaluate whether an act of force for defense of another is justified include the unlawfulness of the action toward the other, the necessity to defend the other immediately, and the reasonableness of the act of defense under the circumstances.

Good Samaritan laws

Laws that encourage people to come to the aid of another or to defend another against unlawful force or interference.

deadly force

Force that is likely to cause or is capable of causing death or serious bodily injury.

“stand your ground” laws

Recent laws passed in many states that permit using deadly force in response to an unlawful attack in contrast to the traditional “duty to retreat” policy

“castle” doctrine

The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves

“make my day” rules

Rules adopted by some states that put no limits on the use of deadly force by the occupant of a dwelling in response to a trespasser

battered woman defense

Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claim of self-defense

unreasonable seizure

A seizure made by a government officer that is unreasonable under the circumstances and thus violates the Fourth Amendment

in loco parentis (Latin; '“in place of the parents”)

Any person taking the place of the parents has the duties and responsibilities of the parents and may reasonably discipline a child in his or her care. This category includes legal guardians, foster parents, and public schoolteachers.