Chapter 4 Flashcards
A law originally created to uphold a religious or moral standard.
blue law
Limitations on the power of government, designed to ensure personal freedoms.
civil liberties
Guarantees of equal treatment by government authorities.
civil rights
A right of the people rooted in legal tradition and past court rulings, rather than the Constitution.
common-law right
A person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion.
conscientious objector
A prosecution pursued twice at the same level of government for the same criminal action.
double jeopardy
Provisions of the Fifth and Fourteenth Amendments that limit government power to deny people ‘life, liberty, or property’ on an unfair basis.
due process clause
The right of individuals to obtain, use, and trade things of value for their own benefit.
economic liberty
The power of government to take or use property for a public purpose after compensating its owner.
eminent domain
The provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion.
establishment clause
A requirement that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime.
exclusionary rule
The provision of the First Amendment that prohibits the government from regulating religious beliefs and practices.
free exercise clause
A statement by law enforcement officers informing a person arrested of that person’s rights.
Miranda warning
Acts or statements that are extremely offensive by contemporary standards
obscenity
A law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications.
Patriot Act
An agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question.
plea bargain?
A government action that stops someone from doing something before they are able to do it.
prior restraint
Legal standard for determining whether a search or seizure is constitutional or a crime has been committed.
probable cause
The right to be free of government intrusion.
right to privacy
A legal document, signed by a judge, allowing police to search and/or seize persons or property.
search warrant
The gradual process of making some guarantees of the Bill of Rights apply to state governments and the national government.
selective incorporation
An action or statement that admits guilt or responsibility for a crime.
self-incrimination
A standard for deciding whether a law violates the free exercise clause.
Sherbert test
A form of expression that does not use writing or speech but nonetheless communicates an idea.
symbolic speech
A means of deciding whether a law that makes it harder for women to seek abortions is constitutional.
undue burden test
