Chapter 11

Question 1

writ of habeas corpus

Answer 1

a court order requiring explanation to a judge as to why a prisoner is being held in custody.

Question 2

ex post facto law

Answer 2

a retroactive law that works to the disadvantage of a person, illegal

Question 3

due process clause

Answer 3

clause in the fifth amendment limiting the power of the national government, 14th amendment applies it to the states. Life liberty or property.

Question 4

Selective incorporation

Answer 4

The process by which provisions of the Bill of Rights are brought within the scope of the 14th amendment and applied to state and local government.

Question 5

Establishment clause

Answer 5

1st amendment- congress makes no laws in respect to the establishment of a religion. Forbid direct support to any or all religions.

Question 6

Free exercise clause

Answer 6

1st amendment- stating that the government shall make no law prohibiting the free exercise of religion.

Question 7

Commercial speech

Answer 7

Advertisements and commercials for products and services; receive less first amendment protection, primarly to discourage false and misleading ads.

Question 8

Bad tendency test

Answer 8

an interpretation of the 1st amend. that would permit legislatures to forbid speech encouraging people to engage in illegal action. Abandoned in 1920s.

Question 9

Clear and present danger test

Answer 9

interpretation of the 1st amendment holding that the government cannot interfere with speech unless the speech presents and clear and present danger that it will lead to evil or illegal acts. 1950s.

Question 10

Preferred position doctrine

Answer 10

interpretation of 1st amend. that holds the freedom of expression is so essential to democracy that governments should not punish people for what they say, only for what they do. 1940s.

Question 11

Prior restraint

Answer 11

Censorship imposed before a speech is made or newspaper published, usually presumed to be unconstitutional.

Question 12

Content or viewpoint neutrality

Answer 12

laws that apply to all kinds of speech, not only that which is unpopular or divisive.

Question 13

Unprotected speech (3)

Answer 13

1. libel
2. obscenity
3. fighting words

Question 14

libel

Answer 14

written defamation of another person (false), for public officials they can only collect reward if the comments were made with actual malice, meaning that the statements were made with knowledge with reckless disregard for the truth.

Question 15

obscenity

Answer 15

the quality of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way that lacks artistic, scientific, literary, or political value.

Question 16

fighting words

Answer 16

words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence. Doesn’t apply if you can “look away”.

Question 17

civil disobedience

Answer 17

deliberate refusal to obey a law or comply with the orders of a public officials as a means of expressing opposition. Not a protected right.

Question 18

property rights

Answer 18

rights of an individual to own, sell, use, rent, etc. property

Question 19

eminent domain

Answer 19

the power of a government to take private property for public use; the U.S. constitution gives national and state governments this power and requires them to provide compensation.

Question 20

regulatory taking

Answer 20

a government regulation that effectively takes land by restricting its use, even if it remains in the owners name.

Question 21

due process

Answer 21

established rules and regulations that restrain government officials.

Question 22

procedural due process

Answer 22

constitutional requirement that governments proceed by proper methods; limits how governments may exercise power.

Question 23

substantive due process

Answer 23

constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair.

Question 24

search warrant

Answer 24

a writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized.

Question 25

exclusionary rule

Answer 25

a requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial.

Question 26

grand jury

Answer 26

jury or 12-13 people who hear evidence presented by government to determine if the person should have to stand trial. If the answer is yes, it issues an indictment.

Question 27

petit jury

Answer 27

jury of 6-12 that determines if a person is guilty in civil or criminal action.

Question 28

indictment

Answer 28

formal written statement from a grand jury charging an individual with an offense; also called a true bill.