Exam 4 POLS

Supreme Court test that allows states to ban activities that infringe on religious practices as long as the state has a nonreligious rationale for prohibiting the behavior

valid secular purpose

civil wrong, whether intentional or negligent, that results in the injury of another person

tort

efforts to limit liability in civil cases

tort reform

an indictment returned by a grand jury

true bill

prohibits different pay for males and females for the same work (1963)

Equal Pay Act

southern laws that established strict segregation of the races and gave their name to the segregation era

Jim Crow laws

1954 Supreme Court decision striking down segregated schools

Brown v. Board of Education

prohibits discrimination in employment, education, and places of public accommodation (1964)

Civil Rights Act

the 1857 Supreme Court decision declaring that black people could not be citizens and Congress could not ban slavery in the territories

Dred Scott v. Sandford

crimes used as a national barometer of the crime rate - murder and non-negligent manslaughter, rape, robbery, aggravated assault, burglary, grand theft, and vehicle theft

FBI index crimes

2003 Supreme Court case extending the right to privacy to homosexual behavior

Lawrence v. Texas

test for determining whether aid to religion violates the establishment clause

Lemon test

Supreme Court test for determining whether material obscene

Miller test

the period from 1865 to 1877 in which the former Confederate states gained readmission to the Union and the federal government passed laws to help the emancipated slaves

Reconstruction

1973 Supreme Court case extending the right to privacy to abortion

Roe v. Wade

Street protest in 1969 by gay patrons against a police raid of a gay bar in New York; the protest is credited with launching the gay rights movement

Stonewall riots

gives the federal government the power to prevent discrimination in voting rights (1965)

Voting Rights Act

Which U.S. president signed the "don't ask, don't tell" legislation? a. Bill Clinton b. Ronald Reagan c. Richard Nixon d. Dwight Eisenhower

a. Bill Clinton

Which Supreme Court case held that African Americans could not sue in federal court because they were not American citizens? a. Dred Scott v. Sandford b. Brown v. Board of Education c. Furman v. Georgia d. New York Times v. Sullivan

a. Dred Scott v. Sandford

Immediately after the Civil War, freed slaves struggled to blend into society. This era was known as a. Reconstruction. b. the Jim Crow era. c. the Great Emancipation. d. the Age of Reason.

a. Reconstruction.

Which standard of review does the Supreme Court use for discrimination cases based on race or ethnicity? a. Strict scrutiny b. Malice test c. Lemon test d. Rational basis

a. Strict scrutiny

In the 1950s and 1960s, the Supreme Court actively applied the equal protection clause in order to fight public discrimination. a. True b. False

a. True

The three biggest blocks to equality for African Americans post-World War II was state-sponsored segregation of public facilities, prohibitions on the right to vote, and a. the right of private businesses to not serve people based on race. b. the lack of job prospects. c. the inability to buy property. d. not being allowed to marry.

a. the right of private businesses to not serve people based on race.

the process by which two contesting parties present opposing views and evidence in open court

adversary process

the power vested in an appellate court to review and revise the judicial action of an inferior court

appellate jurisdiction

a prisoner's initial appearance before a magistrate in which the charges and basic rights are explained

arraignment

Which Supreme Court case led to the end of the separate-but-equal doctrine? a. Plessy v. Ferguson b. Brown v. Board of Education c. Furman v. Georgia d. Dred Scott v. Sandford

b. Brown v. Board of Education

What did the Supreme Court decide in the Civil Rights Cases (1883)?a. Congress did not have the authority to ban public discrimination. b. Congress did not have the authority to ban private discrimination. c. Congress did not have the authority to ban institutional discrimination. d. Congress had the authority to ban both private and public discrimination.

b. Congress did not have the authority to ban private discrimination.

The Stonewall riots are an event associated with the Women's Rights movement. a. True b. False

b. False

Which terrorist group was formed in 1866 to restore white supremacy in the U.S.? a. Confederates b. Ku Klux Klan (KKK) c. Communist Party d. Nazis

b. Ku Klux Klan (KKK)

Which Supreme Court case struck down a law prohibiting miscegenation, or interracial marriage? a. Brown v. Board of Education b. Loving v. Virginia c. Mapp v. Ohio d. Marbury v. Madison

b. Loving v. Virginia

Which piece of legislation first limited, then was later amended to ban literacy tests for voting? a. Articles of Confederation b. Voting Rights Act c. Twenty-Fourth Amendment d. Civil Rights Act

b. Voting Rights Act

When police use race as a factor to determine who to investigate for a particular crime, it is called a. interrogation. b. profiling. c. incrimination. d. cross-examination.

b. profiling.

used to determine the guilt of innocence of a person charged. To prove guilty, state must prove evidence of guilt so jurors have no doubt that a reasonable person to question whether the accused was guilty

beyond a reasonable doubt

written arguments prepared by lawyers arguing a case in court that summarizes the facts of the case, the pertinent laws, and the application of those laws to facts supporting their positions

briefs

the duty a party has to prove its position in court

burden of proof

A McDonald's in Chicago is closing to the public for a week because its owner is adding wheelchair ramps to each of its three entrances. Which law is this business following? a. Equal Rights Amendment b. Civil Rights Act c. Americans with Disabilities Act d. Rehabilitation Act

c. Americans with Disabilities Act

What privileges are centered around the concept of equal treatment that government is obliged to protect based on the expectation of equality under the law, the most important of which is the right to vote? a. Civil liberties b. Constitutional amendments c. Civil rights d. Jim Crow laws

c. Civil rights

Who refused to give up his or her seat to a white person on an Alabama bus and was subsequently arrested, leading to a Supreme Court decision that Montgomery's segregated bus system was unconstitutional? a. Diane Nash b. Martin Luther King Jr. c. Rosa Parks d. Malcolm X

c. Rosa Parks

Which Amendment ended slavery in the United States? a. Second b. Nineteenth c. Thirteenth d. Tenth

c. Thirteenth

On June 11, 1963, Governor George Wallace, a big supporter of segregation, physically blocked two black undergraduate students from registering for classes. The governor finally acquiesced when President Kennedy deployed the National Guard to enforce the integration of a. Georgia Southern University. b. University of Texas. c. University of Alabama. d. University of South Carolina.

c. University of Alabama.

If an elite law school like Tulane University graduates relatively few Latinos in comparison to its white students, there is likely a problem of a. civil liberties. b. public discrimination. c. equality of outcome. d. political participation.

c. equality of outcome.

a request to a judge that a prospective juror not be allowed to serve on the jury for a specific reason, such as bias or prior knowledge of the case

challenge for cause

concerns private rights and remedies and usually involves private parties or organizations (Garcia v. Smith); although the government may on occasion be a party in a civil case

civil case

those rights, such as freedom of speech and religion, that are so fundamental that they are outside the authority of government to regulate

civil liberties

set of rights centered around the concept of equal treatment that government is obliged to protect

civil rights

1st amendment test that requires the state to prove that there is a high likelihood that the speech in question would lead a danger that Congress has a right to prevent

clear and present danger test

standard frequently used by the Supreme Court in civil liberties cases to determine whether a state has a compelling interest for infringing on a right and whether the law is narrowly drawn to meet that interest

compelling interest test

free speech doctrine that allows certain types of regulation of speech, as long as the restriction does not favor one side or another of a controversy

content-neutral

a violation of penal law that is prosecuted by the state or government

criminal case

Which case established the separate-but-equal doctrine? a. Roe v. Wade b. Brown v. Board of Education c. Dred Scott v. Sandford d. Plessy v. Ferguson

d. Plessy v. Ferguson

Which states took the lead in granting women the right to vote prior to the passage of the Nineteenth Amendment? a. Eastern seaboard states b. Midwestern states c. Southern states d. Western states

d. Western states

When she was born, a female baby was covered by her father's identity. When she married, she was covered by her husband's, rendering her person legally nonexistent. She could not make contracts, work in public life, or own anything. Although coverture laws like these are hundreds of years old, as late as 1972, eleven U.S. states continued to enforce them. Today, coverture laws are considered a. the separate-but-equal doctrine. b. ethnic discrimination. c. the equal protection clause. d. gender discrimination.

d. gender discrimination.

When the government treats people equally but permits individuals or businesses to discriminate, it is allowing a. equality of outcome. b. public discrimination. c. partisanship. d. private discrimination

d. private discrimination

The Supreme Court ruled in Obergefell v. Hodges that a. same-sex marriage bans were constitutional and did not violate the any amendments. b. same-sex marriage decisions would be handled by each state, and states did not have to recognize other state decisions. c. same-sex marriage would be recognized by the national government, but the states did not have to recognize them. d. same-sex marriage bans violated the equal protection clause of the Fourteenth Amendment.

d. same-sex marriage bans violated the equal protection clause of the Fourteenth Amendment.

In 1948, the Supreme Court ruled that private discrimination can be prohibited if it involves significant a. due process. b. equal protection. c. suffrage. d. state action.

d. state action.

trials in which higher courts completely retries the case, in contrast to an appeal in which a higher court simply reviews the law as decided by a lower court

de novo trials

discouraging criminal behavior by threat of punishment

deterrence

a second prosecution for the same offense after acquittal in the first trial

double jeopardy

proper procedures designed to promote justice and protect the individual from the government. It is essential to guarantee fairness before the government may deprive a person of life, liberty, or property.

due process

government taking private property for public use

eminent domain

prevents states from denying any person the equal protection of the laws (14th amendment)

equal protection clause

expectation that citizens may not be discriminated against on account of race, gender, or national background and that every citizen should have an equal chance to succeed in life

equality of opportunity

expectation that equality is achieved if results are comparable for all citizens regardless of race, gender, or national background or that such groups are proportionally represented in measures of success in life

equality of outcome

1st amendment clause prohibiting a governmental establishment of religion

establishment clause

Supreme Court rule declaring that evidence found violation of the 4th amendment cannot be used at trial Evidence resulting from unreasonable searches may not be admitted in court

exclusionary rule

evidence resulting from unreasonable searches may not be admitted in court - supreme court rule that declares evidence found that violates 4th amendment can't be used in trial

exclusionary rule

Supreme Court test for whether 4th amendment protections apply

expectation of privacy test

serious crimes punishable by state institutions

felonies

1st amendment clause protecting the free exercise of religion

free exercise clause

Texas: 12 people who sit in pretrial proceedings to determine whether sufficient evidence exists to try an individual and therefore return an indictment

grand jury

jury that can't agree on a verdict after a suitable period of deliberation; a mistrial

hung jury

process of applying provisions of the Bill of Rights to the states

incorporate

formal written accusation issued by a grand jury against a party charged with a crime when it's determined that there's sufficient evidence to bring the accused to trial

indictment

written accusation made by the prosecutor against a party charged with a minor crime; alternative to an indictment and does not involve a grand jury

information

idea that the government should not restrict the expression of ideas because the people are capable of accepting good ideas and rejecting bad ones

marketplace of ideas

method of selecting judges on the basis of merit or quality

merit plan, or Missouri plan

minor crimes punishable by a county jail sentence or fine

misdemeanors

a grand jury's refusal to return an indictment filed by the prosecutor

no bill

the power to try a case being heard for the first time

original jurisdiction

after an initial stay in prison, prisoners serving the remainder of their sentences under supervision in the community

parole

made to a prospective juror without being required to give a reason for removal; the number of challenges allotted to the prosecution and defense is limited

peremptory challenge

a jury for a civil or criminal trial

petit jury

the party bringing a civil suit, usually a private person or institution

plaintiff

negotiations between prosecution and defense to obtain lighter sentence

plea bargaining

willingness of people to put up with ideas with which they disagree

political tolerance

a previously decided legal case used as a guiding principle for future cases

precedent

whichever party has more evidence on it side wins case

preponderance of the evidence

government restrictions of freedom of the press that prevent material from being published

prior restraint

discrimination by private individuals or businesses

private discrimination

sufficient information to lead a "reasonable person" to believe that evidence is probably contained on the premises and thus a warrant for the invasion of privacy is justified

probable cause

a judge's sentence allowing an offender to serve time outside a correctional institution but under specific restrictions, often under the supervision of a probation officer

probation

discrimination by national, state, or local governments

public discrimination

repeat offenders who have relapsed into crime

recidivists

the effort to correct criminal's antisocial attitudes and behavior

rehabilitation

constitutional right inferred by the Supreme Court that has been used to protect unlisted rights such as sexual privacy and reproductive rights, plus the right to end life-sustaining medical treatment

right to privacy

doctrine used by the Supreme Court to make those provisions of the Bill of Rights that are fundamental rights binding on the states

selective incorporation

Supreme Court doctrine that upheld segregation as long as there were equivalent facilities for black people

separate-but-equal doctrine

action by a state, as opposed to a private person, that constitutes discrimination and therefore is an equal protection violation

state action

right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal A court order to present a person and show the legal for confining the individual; it may result in a prisoner's release from unlawful detention

writ of habeas corpus