ch 4+ 5

equality of opportunity

A public policy that works to remove past barriers of discrimination is known as _______.

equality of result

According to the text, a standard that requires policies such as affirmative action or comparable worth, placing some people on an equal footing with others is called _______.

ex post facto law

Mike is sentenced to one year in prison for flushing his pet goldfish, Dorothy, down the toilet in 2011. However, the criminal penalty for "fish-flushing" was not active until 2012. This wrongful sentencing is prohibited because it is a/an _______.

Lemon Test

State aid to sectarian schools is constitutional.

civil rights

The Fourteenth Amendment has been the most significant amendment for _______.

legal guilt

The concept that a defendant's factual guilt be established in accordance with the laws and the U.S. Constitution before criminal penalties can be applied is called _______.

de facto segregation

Until the late 1970s the racial composition of some public schools still reflected decades of residential segregation that had resulted from economic inequities and private discrimination. This is referred to as _______. Unofficial segregation

economic liberty

the right of individuals to obtain, use, and trade things of value for their own benefit

Title IX

the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex

strict scrutiny

the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals

Prior restraint

A court rules that the Tampa Bay Times must halt publication of a story already under way that has potentially harmful content. This ruling is an example of which of the following?

Free exercise clause

The preservation of a sphere of religious practice free of interference by government comes from which of the following?

comparable worth

a doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, training, or working conditions

blue law

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

Patriot Act

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

civil disobedience

an action taken in violation of the letter of the law to demonstrate that the law is unjust

common-law right

individual rights that come from this "judge-made" law and are not formally passed by the legislature.

Establishment clause

keeps the government from becoming a tool that one religious group can use against others.

Black codes

laws passed immediately after the Civil War that discriminated against freed slaves and other Black people and deprived them of their rights

Equality of condition

reduced or eliminated handicaps caused by lingering effects of past discrimination

"De jure" segregation

segregation by law.

eminent domain

the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment