POL DEF Final.txt
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A jury that decides whether the criminal defendant should stand trial.
A jury that determines guilt or innocent.
STATUE OF LIMITATION-
A law that limits the amount of time that a plaintiff can commence a case
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.
FREE EXERCISE CLAUSE-
A clause in the 1st amendment prohibiting the government from interfering in people's religious practices.
JEFFERSON LETTER TO THE DANBURY BAPTIST-
A letter in which President Jefferson first used the term separation of "church & state"
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
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.
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"
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.
The right to be left alone.
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.
A philosophy that the establishment clause prevents any government support of religion.
A philosophy that the establishment clause permits the governments support of religion as long as the government treats all religions equally.
EQUAL PROTECTION CLAUSE-
Clause in the 14th amendment that required that state laws treat all people equally.
RATIONAL BASIS TEST-
the justices ask whether the classification is rationally related to a permissible governmental objective.
STRICT SCRUTINY TEST-
“The justices ask whether the classification is necessarily related to compelling government interest."
COMPELLING STATE INTEREST-
A governmental interest which is so important that it outweighs individual rights.
A SUSPECT CLASS-
A class of people that has historically suffered severe discrimination, eg. classes based on race, national origin and religion.
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).
JIM CROW LAWS-
laws passed by the southern states after the civil war pursuant to which public facilities would be "separate but equal"
Racial segregation enforced by law.
DE FACTO SEGREGATION-
racial segregation that results from decisions made by society.
The process of giving advantages to ethnic minorities in employment decisions and university admissions.
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