Ch.4: Civil Liberties

Question 1

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

Answer 1

habeas corpus

Question 2

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

Answer 2

bill of attainder

Question 3

laws that declares an action to be illegal after it has been committed

Answer 3

ex post facto laws

Question 4

the first 10 amendments to the US constitution ratified in 1791; ensure the certain rights and liberties to the people

Answer 4

bill of rights

Question 5

areas of personal freedom constitutionally protected from government interference

Answer 5

civil liberties

Question 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

Answer 6

selective incorporation

Question 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 seperation exist between the state and church

Answer 7

establishment clause

Question 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 of religion and does not lead to excessive entanglement with religion

Answer 8

lemon test

Question 9

the first amendment clause that protects a citizen’s rights to believe and practice whatever religion they choose

Answer 9

free exercise clause

Question 10

test to determine whether speech is protected or unprotected based on its capacity to present a clear and present danger to society

Answer 10

clear and present danger

Question 11

speech that directly incites damaging conduct

Answer 11

fighting words

Question 12

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 is imposed by state or local authorities are acceptable if properly balanced by considerations of public order

Answer 12

speech pluse

Question 13

an effort by a gov agency to block the publication of material it deems libelous or harmful in some way; censorship,

Answer 13

prior restraint

Question 14

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

Answer 14

libel

Question 15

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

Answer 15

slander

Question 16

the right of every individual against arbitrary action by national or state government

Answer 16

due process law

Question 17

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

Answer 17

exclusionary rule

Question 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

Answer 18

grand jury

Question 19

the fifth amendment right providing that a person cannot be tried twice for the same crime

Answer 19

double jeopardy

Question 20

the requirement articulated by the Supreme Court, in Miranda v. Arizona, 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

Answer 20

miranda rights

Question 21

the right of government to take private property for public use

Answer 21

eminent domain

Question 22

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

Answer 22

right to privacy