VOCAB
affirmative action: a set of procedures designed to eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future
Bill of Rights: The United States Bill of Rights comprises the first ten amendments to the United States Constitution.
civil liberties: freedoms guaranteed by the U.S. Constitution
civil rights: guarantees of equal social opportunities and protection under the law, regardless of race, religion, or other characteristics.
Civil Rights Act of 1964: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
clear and present danger doctrine: Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly.
cruel and unusual punishment: If a punishment is significantly harsher than punishments traditionally given for the same or similar crimes, it is cruel and unusual
de facto segregation: a situation in which legislation did not overtly segregate students by race, but nevertheless school segregation continued.
de jure segregation: the legal separation of groups of people based on law
double jeopardy: The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution prohibits anyone from being prosecuted twice for substantially the same crime .
due process clause: to describe a legal obligation of all states.
equal protection clause: The Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution guarantees that all people in the United States are treated equally under the law. It prevents governments from discriminating against people without a good reason.
establishment clause: In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion.
exclusionary rule:the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.
free exercise clause: The Free Exercise Clause of the First Amendment protects the right of citizens to practice their religion without government interference. It also protects the right to not practice a religion at all.
grand jury:19 members, The Civil Grand Jury investigates and reports on the operations, accounts, and records of local government agencies.
indictment:a formal charge or accusation of a serious crime.
Miranda rule/warnings : The Court specifically held that: “Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.
USA PATRIOT Act of 2001:allows Internet service providers to disclose customer records voluntarily to the government in emergencies involving an immediate risk of death or serious physical injury and permits victims of hacking crimes to request law enforcement assistance in monitoring trespassers on their computers.
poll tax:a tax levied on every adult, without reference to income or resources.
prior restraint:judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
selective incorporation:the case-by-case approach of deciding which portions of the Bill of Rights apply to states.Incorporation doctrine refers to the general concept that states cannot deny citizens protections mentioned in the Bill of Rights.
separate but equal doctrine:Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protection" under the law to all people.
speedy and public trial: Found in amendment 6 which states that ““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…”
symbolic speech: Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.
Voting Rights Act of 1965:The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B.
Key Terms for the Judicial Branch:
judicial activism:the practice of judges making rulings based on their political views rather than their honest interpretation of the current law .
judicial restraint:the concept of a judge not injecting his or her own preferences into legal proceedings and rulings
jurisdiction – original vs. appellate :Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts.
stare decisis :Stare decisis is a legal principle that requires courts to follow earlier court decisions when similar cases arise. The term comes from Latin and means "to stand by things decided".
writ of certiorari :orders a lower court to deliver its record in a case so that the higher court may review it.