Ch 4 Flashcards

1
Q

Bill of attainder

A

a law that punishes a person accused of a crime without a trial or fair hearing
Sentence: The bill of Attainder allows for punishment without trail

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2
Q

Burger Court

A

A conservative Supreme Court under Warren Burger

Sentence: The Burger Court existed from (1969-1986)

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3
Q

Civil Liberties

A

Freedoms to think and act without government interference

Sentence: Our Civil Liberties form part of the First Amendment

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4
Q

Civil Rights

A

Policies designed to protect people again arbitrary treatment by government officials
Sentence: Our Civil right include the right to vote, to a fair trial, etc….

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5
Q

Clear and Present Danger Test

A

Law should not punish speech unless there was a clear and present danger of producing harmful actions
Sentence: The Clear and Present Danger Test was articulated in 1919

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6
Q

Due process rights

A

Procedural guarantees provided by the 4th, 5th, 6th, and 8th Amendments for those accused of crime
Sentence: Every US citizen has the right to Due process rights

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7
Q

Establishment Clause

A

Clause in the 1st Amendment that says the government may not establish and official religion
Sentence: There is no official religion in the US because of the Establishment Clause

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8
Q

Exclusionary Rule

A

A rule that provided that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
Sentence: The Exclusionary rule states that improperly gathered evidence can’t be used in a trial

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9
Q

Ex Post Facto Law

A

Law being formed after a crime has been committed

Sentence: Ex Post Facto Law is something that makes an act criminal despite the act being legal when it was committed

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10
Q

Free Exercise Clause

A

Religious freedom to practice faith including allowing some violations of law for religious purposes
Sentence: The Free exercise clause is a first amendment requirement that the law cannot prevent any exercising of religion

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11
Q

Incorporation Doctrine

A

The process that was used to nationalize the Bill of Rights

Sentence: The Incorporation Doctrine requires approval form both the state and local government

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12
Q

Libel

A

A written defamation of a person’s character, reputation, business, or property rights
Sentence: Libel can often been seen in popular magazines

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13
Q

Prior Restraint

A

Government censorship of information before it is published or broadcast
Sentence: The government realizes the potential damage something can do and does Prior Restraint

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14
Q

Selective Incorporation

A

The process by which provisions of the Bill of rights are brought within the scope of the 14th Amendment and is later applied to local and state governments
Sentence: Selective Incorporations allows for the government to choose which protections from the Bill of Rights to apply

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15
Q

Slander

A

Untrue spoken statements that defame the character of a person
Sentence: Slander is often a catalyst for lawsuits

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16
Q

Symbolic Speech

A

Symbols and other methods of expression generally considered to be protect by the 1st Amendment
Sentence: Symbolic Speech is protected by the First Amendment

17
Q

Warren Court

A

The period in Supreme court history where Earl Warren served as Chief Justice
Sentence: Warren Court refers to the time where Earl Warren served as Chief Justice

18
Q

Writ of Habeas Corpus

A

Petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government’s case does not persuade the judge
Sentence: A writ of Habeas Corpus gives pseudo rights to a prisoner