Government Chps. 13,14,15 – Flashcards
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Human Rights
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fundamental freedoms
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Incorporation
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the process by which the Bill of Rights was extended to the states and localities
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Establishment clause
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states that Congress shall make no law respecting an establishment of religion
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Free Exercise Clause
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prohibits government from unduly interfering with the free exercise of religion
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Parochial Schools
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schools operated by a church or religious group
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Secular
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nonreligious
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Abridged
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limited
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Precedent
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decisions made on the same issue in earlier cases
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Pure Speech
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the verbal expression of thought and opinion before an audience that has chosen to listen; most common form of speech
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Symbolic Speech
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sometimes called expressive conduct; involves the use of actions and symbols to express opinions
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Seditious Speech
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speech urging resistance to lawful authority or advocating the overthrow of the government
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Defamatory Speech
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false speech that damages a person's good name, character, or reputation
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Slander
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spoken defamatory speech
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Libel
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written defamatory speech
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Prior Restraint
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censorship of information before it is published; common way for government to control information and limit freedom
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Sequestered
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kept isolated
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Gag Order
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an order by a judge barring the press from publishing certain types of information about a pending court case
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Shield Laws
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laws that give reporters some protection from disclosing their sources in state courts
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Picketing
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patrolling an establishment to convince workers and the public not to enter it
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Heckler's Veto
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public veto of free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence
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Amnesty
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forgiveness
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Alien
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the term for someone who lives in a country where he or she is not a citizen
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Resident Alien
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a foreigner who has established permanent residency in the United States
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Nonresident Aliens
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people who expect to stay for a short, specified time
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Enemy Aliens
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represents citizens of nations that are at war with the United States
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Refugees
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people who are fleeing persecution or danger from their home country
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Undocumented Aliens
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people here illegally
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Naturalization
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the legal process by which someone who was not born in the United States is granted citizenship
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Jus Soli
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a Latin phrase for "law of the soil;" focuses on where the person is born
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Jus Sanguinis
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the "law of blood;" if a child is born overseas and at least one parent is a legal US citizen, they are American
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Collective Naturalization
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a process under which an entire group of people become citizens by a treaty or by an act of Congress
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Expatriation
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a person gives up his or her citizenship by the act of leaving the US and becoming a citizen of another country
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Denaturalization
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a naturalized citizen can lose his or her citizenship in this administrative process; occurs when it can be proved that fraud, deception, or error occurred during the original naturalization
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Suspect Classification
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a classification made on the basis of race or national origin that is subject to strict judicial scrutiny
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Fundamental Rights
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rights that go to the heart of the American system or are indispensable to a just system
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Discrimination
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exists when individuals are treated unfairly solely because of their race, gender, ethnic group, age, physical disability, or religion
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Jim Crow Laws
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state and local laws in mostly Southern states that required racial segregation in places like schools, public transportation, and hotels
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"Separate but Equal" Doctrine
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used to justify segregation allowed separate facilities for different races as long as they were equal
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Civil Rights Movement
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the efforts to end segregation
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Affirmative Action
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a set of policies developed in the 1960s to remedy past discrimination
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Security Classification System
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permits the government to keep information that is important to national security or foreign policy secrets
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Law
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the set of rules and standards by which a society governs itself
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Constitutional Law
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the basic foundation law of society (statutory law, administrative law, common law, and equity)
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Statute
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a law that is written by a legislative branch of government
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Ordinances
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statutes passed by city councils
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Statutory Law
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a law that is written down so that everyone might know and understand it
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Administrative Law
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law that spells out the authority, procedures, rules, and regulations to be followed by government agencies
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Common Law
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also called case; law made by judges as they resolve individual cases
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Equity
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a certain set of legal rules or principles that developed over time to supplement and sometimes overrule common law or statutory law in a decision
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Due Process
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principle in the Fifth Amendment stating that the government must follow proper constitutional procedures in trials and in other actions it takes against individuals
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Substantive Due Process
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certain rights of individuals in the application of laws, some that are specified in the Constitution and some that are not specified
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Procedural Due Process
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principle that prohibits arbitrary enforcement of the law, and also provides safeguards to ensure that constitutional and statutory rights are protected by law enforcement
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Adversary System
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a judicial system in which opposing lawyers present their strongest cases
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Voir Dire
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the jury selection process in which lawyers on both sides interview potential jurors
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Presumed Innocence
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the presumption that a person is innocent until proven guilty
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Civil Law
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one relating to disputes among two or more individuals or between individuals and the government
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Contract
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a set of voluntary promises, enforceable by the law, between parties who agree to do or not to do certain things
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Expressed Contract
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the terms are specifically stated by the parties, usually in writing
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Implied Contract
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the terms are not stated but can be inferred from what people do and the circumstances
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Real Property
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land and whatever is attached to or growing on it
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Personal Property
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all other property, including moveable items like clothes and cars and intangible items like stocks and bonds
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Mortgage
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a loan to pay for the house
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Tort
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any wrongful act for which an injured person can sue for damages in a civil court
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Plaintiff
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the person who brings charges in a lawsuit, called the complaint
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Defendant
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the person against whom the suit is brought
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Injunction
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a court order that forbids a defendant from taking or continuing a certain action
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Complaint
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a legal document filed with the court that has jurisdiction which the plaintiff sets forth against the defendant
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Summons
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the defendant receives this which is an official notice with the date, time, and place of the initial court appearance
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Answer
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formal response by the defendant to the charges in a complaint
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Discovery
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occurs when both sides prepare for trial by checking facts and gathering evidence for their case
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Mediation
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a process in which each side is given the opportunity to explain its side of dispute and must listen to the other side
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Affidavit
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a statement that is written and sworn to in the presence of an authorized person, such as a notary public
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Criminal Law
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the most direct method for controlling crime because it defines criminal acts and spells out punishments for them
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Criminal Justice System
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the system of state and federal courts, judges, lawyers, police, and prisons responsible for enforcing criminal law
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Petty Offenses
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minor crimes such as parking illegally, littering, disturbing the peace, minor trespassing, and driving over the speed limit
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Misdemeanors
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represent more serious crimes such as vandalism, stealing inexpensive items, writing bad checks for modest amounts of money or being drunk and disorderly
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Felonies
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serious crimes such as burglary, kidnapping, arson, rape, fraud, forgery, murders, or manslaughter
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Arrest Warrant
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a judge issues this to arrest a suspect, it lists the suspect's name and the alleged crime
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Grand Jury
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a group of citizens who review the charges to determine whether there is enough evidence to "hand up" a formal criminal charge
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Indictment
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formal criminal charge
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Information
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a sworn statement by the prosecution asserting that enough evidence exists to go to trial
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Plea Bargaining
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pretrial process in which the prosecutor, defense lawyer, and police work out an agreement through which the defendant pleads guilty to a lesser crime in return for the government not prosecuting the more serious crime with which the defendant was originally charged
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Jury
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a group of citizens who hear evidence during a trial to decide on guilt or innocence
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Verdict
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the decision in a case
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Hung Jury
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when the jury cannot agree on a verdict, the court then declares a mistrial
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Sentence
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punishment for the offender
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Exclusionary Rule
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excludes illegally obtained evidence from trial
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Counsel
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an attorney
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Self-Incrimination
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testifying against oneself
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Double Jeopardy
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a person may not be tried twice for the same crime, protects people from harassment
