AP GOV CHAPTER 4 Flashcards
What is Habeas Corpus?
A court order demanding that an individual in custody be brought into court and shown the cause for detention.
What is the Bill of Rights?
The first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people.
What are Civil Liberties?
Personal freedom constitutionally protected from government interference.
What is Selective Incorporation?
The process by which civil liberties are constitutionally protected from government interference.
What is the Establishment Clause?
First Amendment clause that says that ‘Congress shall make no law respecting an establishment of religion’; it creates a ‘wall of separation’ between church and state.
What is the Lemon Test?
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 of religion, and does not lead to ‘excessive entanglement’ with religion.
What is the Free Exercise Clause?
The First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses.
What is the Clear and Present Danger Test?
Used to determine whether speech is protected or unprotected, based on its capacity to present a ‘clear and present danger’ to society.
What are Fighting Words?
A test used to determine whether speech is protected or unprotected, based on its capacity to present a ‘clear and present danger’ to society.
What is Speech Plus?
Speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional.
What is Prior Restraint?
An effort by a governmental agency to block the publication of material it deems libelous or harmful; censorship; generally forbidden except under extraordinary circumstances.
What is Libel?
A written statement made in ‘reckless disregard of the truth’ that is considered damaging to a victim because it is ‘malicious, scandalous, and defamatory’.
What is Slander?
An oral statement made in ‘reckless disregard of the truth’ that is considered damaging to the victim because it is ‘malicious, scandalous, and defamatory’.
What is Due Process of Law?
The right of every individual against arbitrary action by government.
What is the Exclusionary Rule?
Ability to exclude evidence obtained in violation of the Fourth Amendment.
What is a Grand Jury?
Jury that determines whether sufficient evidence is available to justify a trial; they do not rule on the accused’s guilt or innocence.
What is Double Jeopardy?
Fifth Amendment right providing that a person cannot be tried twice for the same crime.
What is the Miranda Rule?
The requirement that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel.
What is Eminent Domain?
The right of government to take private property for public use.
What is the Right to Privacy?
The right to be left alone, interpreted by the Supreme Court to entail individual access to birth control and abortions.
