POL DEF Final.txt

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srod5409
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154953
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POL DEF Final.txt
Updated:
2012-05-20 20:36:23
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POL DEF
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POL FINAL
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  1. GRAND JURY-
    A jury that decides whether the criminal defendant should stand trial.
  2. PETIT JURY-
    A jury that determines guilt or innocent.
  3. STATUE OF LIMITATION-
    A law that limits the amount of time that a plaintiff can commence a case
  4. ESTABLISHMENT CLAUSE-
    A clause in the 1st amendment prohibiting the government from establishing a religion as the official religion of the US or favoring a particular religion.
  5. FREE EXERCISE CLAUSE-
    A clause in the 1st amendment prohibiting the government from interfering in people's religious practices.
  6. JEFFERSON LETTER TO THE DANBURY BAPTIST-
    A letter in which President Jefferson first used the term separation of "church & state"
  7. ENDORSEMENT TEST-
    A test use by the court in establishment clause cases. This test bars any governmental policy that sends a signal that religion is favored, thus making some people feel as outsiders and others as insiders
  8. COERCION TEST-
    a test used by the court in establishment clause cases. This test bars any government policy that coerces any one to participate in any religious exercise.
  9. LEMON TEST (3 PART)-
    • A test used by the court in establishment clause cases. A governmental policy violates the establishment clause if any of the following 3 prongs are violated:
    • The government actions must have a secular purpose
    • The governments action must neither advance nor inhibit religion.
    • The governments action must not result in an "excessive government entanglement with religion"
  10. AGOSTINI TEST (2 PARTS)-
    A modification of the lemon test pursuant to which the court makes a 2 pronged inquiry to determine whether the establishment clause has been violated by governmental action: (1) whether the governmental action has a secular purpose (2) whether it advances religion.
  11. PRIVACY-
    The right to be left alone.
  12. UNDUE BURDEN TEST (Abortion cases)-
    a test used by the courts in abortion cases pursuant to which the court invalidates a provision of law if it places a substantial obstacle In the path of a woman seeking an abortion before the effects attains viability.
  13. SEPERATIONISM-
    A philosophy that the establishment clause prevents any government support of religion.
  14. ACCOMODATIONISM-
    A philosophy that the establishment clause permits the governments support of religion as long as the government treats all religions equally.
  15. EQUAL PROTECTION CLAUSE-
    Clause in the 14th amendment that required that state laws treat all people equally.
  16. RATIONAL BASIS TEST-
    the justices ask whether the classification is rationally related to a permissible governmental objective.
  17. STRICT SCRUTINY TEST-
    “The justices ask whether the classification is necessarily related to compelling government interest."
  18. COMPELLING STATE INTEREST-
    A governmental interest which is so important that it outweighs individual rights.
  19. A SUSPECT CLASS-
    A class of people that has historically suffered severe discrimination, eg. classes based on race, national origin and religion.
  20. CIVIL WAR AMENDMENTS-
    three amendments passed soon after the civil war that protected the civil rights of the former slaves: 13th amendment (freed the slaves), 14th amendment (gave citizenship to the former slaves). And the 15th amendment (gave the right to vote to former slaves).
  21. JIM CROW LAWS-
    laws passed by the southern states after the civil war pursuant to which public facilities would be "separate but equal"
  22. DEJURE SEGREGATION-
    Racial segregation enforced by law.
  23. DE FACTO SEGREGATION-
    racial segregation that results from decisions made by society.
  24. AFFIRMATIVE ACTION-
    The process of giving advantages to ethnic minorities in employment decisions and university admissions.

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