Incorporation
Define Incorporation.
The process of applying the Bill of Rightsto states on a case-by-case basis.
Define Civil Rights.
Policies designed to protect people against arbitrary or discriminatory by government officials or individuals.
Define Civil Liberties.
Legal constitutional protections against government, formally set down in Bill of Rights; also defined in the courts, police, and legislatures.
Criminal law vs Civil law.
Criminal law: involves the government’s prosecution of a defendant
Civil law: involves a plaintiff’s lawsuit against a defendant
Define Symbolic Speech.
Nonverbal communication, such as burning a flag or wearing an armband.
The 1st Amendment is...
The right to freedom of speech, religion, petition, press, and assembly.
Contains Establishment Clause: government can not promote a religion or establish a national religion.
Contains Free Exercise Clause: one can practice religion any way they want without government interference.
The three key types of inequality in America.
1. Racial discrimination
2. Gender discrimination
3. Age, sexual orientation, disability discrimination
The pros and cons of plea bargaining.
Pros:
- helps with case loads
- helps eliminate uncertainty
- cheaper
Cons:
- leads to poor case preparations/investigations
- might be biased to prosecutors
- might charge innocent people guilty
Constitutional courts vs Legislative courts
Constitutional courts are courts created by the Constitution; they have power of judicial review, and judges have life terms.
Legislative courts are courts that serve a specific purpose, they cannot use judicial review and judges have fixed terms.
Define Prior Restraint.
A government’s actions that prevents material from being published; a common method of limiting the press, but usually unconstitutional in US.
The 2nd Amendment states...
That one has the right to bear arms to protect oneself from the “militia.”
That states have more leeway with creating gun laws than federal government.
The six provisions of the Civil Rights of 1964.
1. Made racial discrimination illegal in public places of accommodation
2. Forbade discrimination in employment.
3. Created equal employment opportunity.
4. Provided with-holding federal grants from state and local government/ institutions that practiced racial discrimination.
5. Strengthened voting rights legislation.
6. Authorized the US justice dept. to initiate lawsuits to desegregate public schools and facilities.
Explain two facts of the freedom to assembly.
1. The right of a citizen to peacefully gather publicly or privately.
2. The right to demonstrate support or protest public policy.
Majority opinion vs. Dissenting opinion vs. Concurring opinion
Majority: the thoughts of the majority who voted on the winning side.
Dissenting: an opposition to the majority opinion’s view.
Concurring: usually in support of the majority decision, but wishes to make another point.
Define Libel.
The publication of fake and malicious statements that damage someone’s reputation; slande.
The 4th Amendment says...
To search someone‘s house, police need a: search warrant, probable cause, or plain view.
-if there is a warrant, police can detain anyone on property but not arrest
-police do not need a warrant to search cars; needs probable cause
List and explain four ways in which southern states prevented African Americans to vote.
1. Literacy test- requirement to read, write, and show comprehension of state and/or US. Constitution
2. Poll taxes- small taxes levied on the right to vote
3. White primary- permitted political parties to exclude African Americans from voting in primary elections.
4. Grandfather Clause- exempted persons where grandfathers were eligible to vote in 1860 from taking the tests.
Rational Basis Test.
Test the government applies to determine whether a type of discrimination is reasonable.
Explain the practice of Senatorial Courtesy.
The tradition that nominations for judges and justices are usually not furthered if they are. It approved by a senator from the president’s party of the nominee’s state. Does not apply to Supreme Court; only federal judgeships.
Define Comparable Worth.
The idea that women and men should be equally paid when performing work or skills that are seen as comparable worth to the employer.
The 5th Amendment...
Imposes restrictions on government’s prosecutions of persons accused of crimes.
-one cannot be deprived of life, liberty, or property except by due process of law.
-right to indictment by grand jury, prohibits double jeopardy, protects against self-incrimination, right to fair trial, government cannot seize private property without making due compensation
De Facto vs De Jure segregation.
De facto: segregation by society
De jure: segregation by law
Strict Scrutiny Test.
Test that challenges a questionable law.
Stare Decisis vs Precedent.
Stare Decisis: the tradition to uphold an earlier decision made about a, somewhat recent, past case.
Precedent: the way cases were handled in the distant past.
Define Justiciable Dispute.
A dispute growing out of an actual case; or controversy that is capable of settlement by legal methods.