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JeopardyFreedomFrom
Out-Takes Rights &Wrongs
WinnersTake All
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Final Jeopardy
Does andDont’s
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Judicial interpretation of the 5th and 14th Amendments’ due process clausethat states have the burden to prove their laws are just.
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What is substantive due process?
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First case in which the SC founda state law to violate freedom of the press in which it recognized the press’s immunity from prior acts of restraint.
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What is Near v. Minnesota?
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Process by which most, but not all,of the protections found in the Billof Rights have become bindingupon the states.
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What is selective incorporation?
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The decision in Engel v. Vitale (1962)found that a nondenominational prayerrequired in public school classrooms wasa violation of this portion of theFirst Amendment to the Constitution.
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What is the EstablishmentClause?
(Rule of Strict Separationbetween Church and State)
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Three part test to determineif a church/state entanglementlike public funding for computertechnology is constitutional.
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What is the Lemon Test?
1.) secular purpose 2.) neither enhance or inhibit religion3.) No excessive entanglement)
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The ‘clear and present danger’ test used to permit a limit on speech duringWWI which was established in Schenck v. U.S. (1919) was later re-fashionedin Brandenburg v.Ohio (1969) to prevent ‘imminent lawless action’ and is now calledthis.
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What is the direct incitementtest?
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In New York Times Co. v. U.S. (1971)The Supreme Court ruled that the U.S.Government could not block thepublication of these illegally furnisheddocuments about activities carried outby U.S. forces in Viet Nam
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What are the Pentagon Papers?
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Since the decision in Chaplinsky v. New Hampshire (1942),this type of utterance which includesprofanity, obscenity and threats is subject to regulation by federal and state governments.
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What are ‘fighting words’?
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The 9th Amendment,which states thatthe enumerated Bill of Rights should“not be construed to deny or disparageothers retained by the people”, was pivotal in the decision made in Griswold v. Connecticut to recognize this fundamental right.
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What is the right to privacy?
The justices also cited the 1st, 3rd, 4th and 14th Amendments whichcast ‘penumbras’ on these unstatedliberties.
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This remedy which was adopted during theWarren Court to discourage the practice by prosecutors to use illegally seized evidence at a trial has been offset with good faithexceptions, and inevitable discovery exceptions during the Burger and RehnquistCourts.
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What is the Exclusionary Rule?
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This is all that is needed for the police to
conduct a warrantless ‘stop and frisk’ search
if he/she suspects a crime is about to be
committed or a crime is in progress.
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What is reasonable suspicion?
May search person arrested; thingsin plain view and within reach of the accused without warrant.
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This clause found in the 5th Amendmentprotects individuals from being triedtwice for the same crime in the samejurisdiction.
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What is the double jeopardyclause?
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Testimony by a murder victim prior totheir death may not be admissible in courtdue to this Sixth Amendment protection.
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What is the right to confrontwitnesses?
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In order that juries reflect a fair cross-section of the community, this practice may no longer be used to exclude African American jurors?
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What are peremptory challenges?
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The Supreme Court put a stop tothis in Furman v. Georgia (1972)and later permitted its use in Greggv. Georgia (1976) after several state legislatures altered their sentencingpractices.
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What is the death penalty?
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Laws prohibiting newly freedslaves from voting, sitting on juries, and appearing in public placesthat led Congress to pass the CivilRights act of 1866, followed by the14th Amendment .
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What are the Black Codes?
Literacy tests, poll taxes, and thegrandfather clause subsequentlywere enacted.
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Enacted by southern states to discriminateagainst blacks by creating ‘whites only’ schools, theatres, hotels and other public accommodations.
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What are Jim Crow Laws?
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• Convictions of private individuals in violation of the Civil Rights Act of 1875, for not allowing access to theaters, restaurants, and other privately owned businesses were overturned by the Supreme Court in these five cases.
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What are the Civil Rights Cases (1883)?
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In this landmark case, the Supreme Court concluded that a Louisiana law mandating racial segregation on all public trains was constitutional because it provided equal protection of the laws.
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What is Plessy v. Ferguson (1896)?
(Established the Separate-but-Equal Doctrine)
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This arm of the NAACP was headedBy Thurgood Marshall who activelypursued test cases to challenge theconstitutionality of Jim Crow lawschools.
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What is the Legal Defense Fund?
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Kenneth Clark, a prominent AfricanAmerican sociologist is best known forthis research that revealed the negative effects of segregation on African American children
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What is the doll study?
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This array of sociological and medicaldata used to document women’s unique status as mothers led to the decision in Muller v. Oregon.
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What are Brandeis briefs?
(This newly established legal status led to ratification of the 19th Amendment and the right of women to vote)
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Plans to stage sit-ins and freedom rideswere coordinated by this student led organization who met at Shaw University in North Carolina?
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What is the SNCC (Student Non-ViolentCoordinating Committee)
(SCLC provided an $800 grant in 1960 toFund these non-violent protests and actsOf civil disobedience)
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This regulatory agency was created inthe Civil Rights act of 1964 to monitorand enforce the bans on employmentdiscrimination.
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What is the EEOC (Equal EmploymentOpportunity Commission?
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In Swann v. Charlotte- Mecklenburg School District (1971), the Supreme Court ruled that‘all vestiges of state-imposed segregation’must be eliminated. This form of segregationIs also known as __ ____ ______________.
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de jure discrimination?
Name one
MALDEF
Final Jeopardy Answer
What stands for MexicanAmerican Legal Defense andEducational Fund