Chapter-14 Civil Liberties Flashcards

0
Q

Ex post facto laws

A

A retroactive law that works at the disadvantage of the person

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1
Q

Writ of habeus corpus

A

A court order requiring the explanation of why someone is being held in custody

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2
Q

Due process clause

A

A clause in the 5th amendment that limits the power of the national government stating no one shall be stripped of life, liberty or property without due process

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3
Q

Selective incorporation

A

The process by which provisions of the bill of rights are brought to the scope of the 14th amendment and are applied to the state governments

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4
Q

Establishment clause

A

A clause in the first amendment that forbids the government from creating any law against religion

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5
Q

Free exercise clause

A

A clause in the first amendment that states that congress shall make no law prohibiting free exercise or religion

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6
Q

Commercial speech

A

Advertisements and commercials for products and services

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7
Q

Bad tendency test

A

An interpretation of the first amendment that would permit legislatures to stop speech if it encourages people to do illegal actions

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8
Q

Clear and present danger test

A

An interpretation of the first amendment stating that government cannot interfere with speech unless it shows signs of clear or present danger

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9
Q

Preferred position doctrine

A

A interpretation of the first amendment stating that government should only punish you for what you do and not what you say

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10
Q

Prior restraint

A

Censorship of a speech or newspaper before it is published

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11
Q

Content or viewpoint neutrality

A

Laws that apply to all kinds of speech and to all views

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12
Q

Unprotected speech

A

Libel, obscenity, fighting words

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13
Q

Libel

A

Written deformation of another person

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14
Q

Obscenity

A

The quality or state of a work that appeals to prurient interests in sex

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15
Q

Fighting words

A

Words that by their very nature inflict injury on those whom they are addressed

16
Q

Civil disobedience

A

Deliberate refusal to obey a law of public officials

17
Q

Property rights

A

The right of an individual to what he wants with his property

18
Q

Eminent domain

A

The power of the government to take private property for public use as long as they compensate you

19
Q

Regulatory taking

A

Government regulations that take land by restricting its use

20
Q

Due process

A

Established rules and regulations that restrain government officials

21
Q

Procedural due process

A

A constitutional requirement that they act responsibly and that the laws they make have substance that is fair

22
Q

Search warrant

A

A writ issued by a magistrate that authorizes the police to search a person or place

23
Q

Exclusionary rule

A

A requirement that evidence found illegally or unconstitutionally cannot be used in criminal trial

24
Q

Grand jury

A

A group of 12 or 23 people who privately hear evidence presented by the government then they decide if the person will go to trial

25
Q

Petit jury

A

A jury of 6 to 12 people which determine whether a person is guilty or not

26
Q

Indictment

A

A formal written statement from a grand jury charging an individual with an offense