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Q1. The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights
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A1. civil liberties
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Q2. The first ten amendments to the Constitution, which set forth basic protections for individual rights to free expression, fair trial, and property
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A2. Bill of Rights
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Q3. Americans’ freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition
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A3. freedom of expression
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Q4. clear-and-present-danger test
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A4. A test devised by the Supreme Court in 1919 in order to define the limits of free speech in the context of national security. According to the test, government cannot abridge political expression unless it presents a clear and present danger to the nation’s security
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Q5. Action (for example, the waving or burning of a flag) for the purpose of expressing a political opinion
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A5. symbolic speech
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Q6. Government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming (a form of censorship)
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A6. prior restraint
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Q7. Due process clause (of the Fourteenth Amendment)
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A7. The clause of the Constitution that has been used by the judiciary to apply the Bill of Rights to the actions of state governments
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Q8. The absorption of certain provisions of the Bill of Rights (for example, freedom of speech) into the Fourteenth Amendment so that these rights are protected by the federal courts from infringement by the states
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A8. selective incorporation
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Q9. imminent lawless action test
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A9. A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce, imminent lawless action
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Q10. Publication of material that falsely damages a person’s reputation
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A10. libel
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Q11. Spoken words that falsely damage a person’s reputation
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A11. slander
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Q12. establishment clause
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A12. The First Amendment provision stating that government may not favor one religion over another religion, and prohibiting Congress from passing laws respecting the establishment of religion
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Q13. free-exercise clause
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A13. A First Amendment provision that prohibits the government from interfering with the practice of religion or prohibiting the free exercise of religion
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Q14. The constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense
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A14. Procedural due process
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Q15. The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (for example, illegal search and seizure)
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A15. Exclusionary rule
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Q16. The right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities
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A16. Civil rights or Equal rights
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Q17. Gender gap
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A17. The tendency of women and men to differ in their political attitudes and voting preferences
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Q18. Equal-protection clause
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A18. A clause of the Fourteenth Amendment that forbids any state to deny equal protection of the laws to any individual within its jurisdiction
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Q19. A test applied by courts to laws that treat individuals unequally. Such a law may be deemed constitutional if its purpose is held to be “reasonably” related to a legitimate government interest
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A19. reasonable-basis test
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Q20. A test applied by courts to laws that attempt a racial or ethnic classification. In effect, the test eliminates race or ethnicity as a legal classification when it places minority-group members at a disadvantage
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A20. strict-scrutiny test
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Q21. Legal classification, such as race and national origin, that have invidious discrimination as their purpose and therefore are unconstitutional
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A21. suspect classifications
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Q22. A test applied by courts to laws that attempt a gender classification. In effect, the test eliminates gender as a legal classification unless it serves an important objective and is substantially related to the objective’s achievement
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A22. intermediate-scrutiny test
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Q23. Discrimination ( or segregation) on the basis of race, sex, religion, ethnicity, and the like that results from social, economic, and cultural biases and condition
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A23. de facto discrimination (or segregation)
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Q24. Discrimination (or segregation) on the basis of race, sex, religion, ethnicity, and the like that results from a law (ex. Jim Crow laws)
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A24. de jure discrimination (or segregation)
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Q25. equality of result
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A25. The objective of policies intended to reduce or eliminate the effects of discrimination so that members of traditionally disadvantaged groups will have the same benefits of society as do members of advantaged groups
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Q26. A term that refers to programs designed to ensure that women, minorities, and other traditionally disadvantaged groups have full and equal opportunities in employment, education, and other areas of life
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A26. affirmative action
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Q27. The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly
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A27. First Amendment
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Q28. Fourteenth Amendment
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A28. The constitutional amendment adopted after the Civil War that states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
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Q29. The situation occurring when the police have reason to believe a crime has been committed and a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.
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A29. probable cause
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Q30. unreasonable searches and seizures
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A30. Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Both probable cause and a search warrant are required for a legal and proper search and seizure of incriminating evidence
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Q31. A written authorization from a court specifying the area to be searched and what the police are searching for
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A31. search warrant
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Q32. The constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law
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A32. Fifth Amendment
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Q33. self-incrimination
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A33. The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court.
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Q34. The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial
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A34. Sixth Amendment
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Q35. A bargain struck between the defendant’s lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious (or additional) crime
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A35. plea bargaining
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Q36. The constitutional amendment that forbids cruel and unusual punishment and excessive bails
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A36. Eight Amendment
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Q37. right to privacy
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A37. The right to a private personal life free from the intrusion of government. The right to privacy is implicitly protected by the Bill of Rights
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Q38. The constitutional amendment passed after the Civil War that forbade slavery and involuntary servitude
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A38. Thirteenth Amendment
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Q39. The law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination. (one of the most far reaching of any civil rights act)
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A39. Civil Rights Act of 1964
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Q40. The constitutional amendment adopted in 1870 to extend suffrage to African Americans
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A40. Fifteen Amendment
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Q41. Twenty-fourth Amendment
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A41. The constitutional amendment passed in 1964 that declared poll taxes (small taxes levied on the right to vote) void
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Q42. A law designed to help end formal and informal barriers to African American suffrage. Prohibited the use of literacy test to register to vote
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A42. Voting Rights Act of 1965
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Q43. Nineteenth Amendment
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A43. The constitutional amendment adopted in 1920 that guarantees women the right to vote
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Q44. A constitutional amendment originally introduced in 1923 and passed by Congress in 1972 and sent to the state legislatures for ratification, stating that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” Despite substantial public support and an extended deadline, the amendment failed to acquire the necessary support from three-fourths of the state legislatures
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A44. Equal Right Amendment (ERA)
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Q45. Comparable worth
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A45. This issue raised when women are paid less than men for working at jobs requiring comparable skill
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Q46. A law passed in 1990 that requires employers and public facilities to make “reasonable accommodation” for people with disabilities and prohibits discrimination against these individuals in employment
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A46. Americans with Disabilities Act of 1990
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Q47. Court ruling that government cannot be involved with religion
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A47. wall of separation
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Q48. An error in gathering evidence sufficiently minor that it may be used in a trial
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A48. good-faith exception
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