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