4

Question 1

Habeas corpus

Answer 1

A court order demanding that an individual in custody be brought into court and shown the cause for detention

Question 2

Bill of attainder

Answer 2

A law that declares a person guilty of a crime without a trial

Question 3

Ex post facto laws

Answer 3

Laws that declare an action to be illegal after it has been committed

Question 4

Bill of Rights

Answer 4

The first 10 amendments to the United States Constitution, ratified in 1791; they ensure certain rights and liberties to the people

Question 5

Civil liberties

Answer 5

Areas of personal freedom with which governments are constrained from interfering

Question 6

Selective incorporation

Answer 6

The process by which different protections in the Bill of Rights were incorporated into the 14th amendment, thus guaranteeing citizens protection from state as well as national governments

Question 7

Establishment clause

Answer 7

The first amendment clause that says that “Congress shall make no law respecting an establishment of religion.” This law means that a “wall of separation” exists between church and state

Question 8

Lemon test

Answer 8

A rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice a religion, and does not lead to “excessive entanglement” with religion

Question 9

Free exercise clause

Answer 9

The first amendment clause that protects the citizen’s right to believe and practice whatever religion he or she chooses

Question 10

“Clear and present danger” test

Answer 10

Test to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

Question 11

Speech plus”

Answer 11

Speech accompanied by conduct such as Sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

Question 12

Prior restraint

Answer 12

An effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances

Question 13

Libel

Answer 13

A written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”

Question 14

Slander

Answer 14

An oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory”

Question 15

Fighting words

Answer 15

Speech that directly incites damaging conduct

Question 16

Due process of law

Answer 16

The right of every citizen against arbitrary action by national or state governments

Question 17

Exclusionary rule

Answer 17

The ability of courts to exclude evidence obtained in violation of the fourth amendment

Question 18

Grand jury

Answer 18

Jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused ‘s guilt or innocence

Question 19

Double Jeopardy

Answer 19

The Fifth Amendment right providing that a person cannot be tried twice for the same crime

Question 20

Miranda rule

Answer 20

The requirement, articulated by the Supreme Court and Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and have the benefit of legal counsel

Question 21

Eminent domain

Answer 21

The right of government to take private property for public use

Question 22

Right to privacy

Answer 22

The right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions