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A review guide for the spea v184 end-of-year final exam. It covers a variety of important legal concepts and principles, including the establishment clause, free exercise clause, equal protection, due process, freedom of speech, and administrative law. Definitions, explanations, and key details about these topics, which are likely to be tested on the final exam. The comprehensive coverage of these fundamental legal topics suggests this document could be a valuable study resource for students preparing for the spea v184 final exam. The level of detail and the range of concepts covered indicate this document could be useful as lecture notes, study notes, or a summary to help students review and understand the material in depth.
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Citizens United v. FEC - ✔✔It was argued in 2009 and decided in 2010. The Court held that the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political communications by corporations, including nonprofit corporations, labor unions, and other associations. Establishment Clause - ✔✔Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion." Free Exercise Clause - ✔✔A First Amendment provision that prohibits government from interfering with the practice of religion. Strict Scrutiny - ✔✔Supreme Court rule that classification by race and ethnic background is inherently suspect and must be justified by a "compelling public interest." Equal Protection - ✔✔the equal application of the law regardless of a person's race, religion, political beliefs, or other qualities 14th Amendment - ✔✔Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Discrimination - ✔✔Behaving differently, usually unfairly, toward the members of a group. equality versus equity - ✔✔Equality has to do with giving everyone the exact same resources, whereas equity involves distributing resources based on the needs of the recipients. Affirmative Action - ✔✔A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group. Civil Liberties - ✔✔Constitutional freedoms guaranteed to all citizens Standards of Review - ✔✔The levels of deference the Court gives governments to craft policies that make distinctions on the basis of personal characteristics. These standards stem from the Court's need to ensure that laws do not undermine the Fourteenth Amendment's equal protection clause. Rational Basis - ✔✔In U.S. constitutional law, the lowest level of scrutiny applied by courts deciding constitutional issues through judicial review. Intermediate Scrutiny - ✔✔a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the
Freedom of Speech - ✔✔expression, art, marketplace of ideas, unpopular speech time, place, and manner restrictions - ✔✔regulations regarding when, where, or how expression may occur; must be content neutral Defamation - ✔✔the action of damaging the good reputation of someone; slander or libel. Slander - ✔✔the action or crime of making a false spoken statement damaging to a person's reputation. Bradenburg Test - ✔✔to determine when inflammatory speech intending to advocate illegal action can be restricted. Lemon Test - ✔✔The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion. police use of force - ✔✔Police officers are generally entitled to use whatever force is reasonably required, including deadly force, to apprehend or prevent the escape of a felon who poses a threat of serious bodily harm to the officers or others.
search and seizure - ✔✔the process by which police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment Administrative Law - ✔✔The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. administrative agencies - ✔✔governmental bodies formed to carry out particular laws Freedom of Information Act - ✔✔1966 Act allowing citizens to inspect all government records with the exception of classified military or intelligence documents, trade secrets or private personnel files. Treaty - ✔✔A formal agreement between two or more sovereign states Bilateral Treaty - ✔✔a treaty strictly between two state entities. It is an agreement made by negotiations between two parties, established in writing and signed by representatives of the parties