Chapter 4

Question 0

Bill of Rights

Answer 0

First 10 Amendments to the US Constitution, drafted in response to some of the Anti-Federalist concerns. Define basic liberties such as freedom of religion, speech, press, and guarantee defendant’s rights.

Question 1

Civil Liberties

Answer 1

The constitutional and other legal protections against government actions formally set down in the Bill of Rights

Question 2

Due Process Clause

Answer 2

Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law

Question 3

Incorporation Doctrine

Answer 3

Legal concept under which the Supreme Court has nationalized the Bill of Rights, making most of its provisions applicable to the states through the Fourteenth Amendment

Question 4

Establishment Clause

Answer 4

Part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion”

Question 5

Free Exercise Clause

Answer 5

A First Amendment provision that prohibits government from interfering with the practice of religion

Question 6

Prior Restraint

Answer 6

Government actions preventing material from being published. Usually prohibited by the First Amendment, as confirmed in Near v. Minnesota

Question 7

Libel

Answer 7

The publication of a false and malicious statements that damage someone’s rotation

Question 8

Symbolic Speech

Answer 8

Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment

Question 9

Commercial Speech

Answer 9

Communication in the form of advertising, which can be restricted more than many other types of speech

Question 10

Probable Cause

Answer 10

The situation in which the police have reasonable grounds to believe that a person should be arrested

Question 11

Exclusionary Rule

Answer 11

The rule that evidence cannot be introduced into a trial if it was as not constitutionally obtained. It prohibits use of evidence obtained through unreasonable search and seizure

Question 12

Self-Incrimination

Answer 12

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids involuntary self-incrimination

Question 13

Plea Bargaining

Answer 13

A bargain struck between the defendant’s lawyer and the prosecution to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious (or additional) crime

Question 14

Right to Privacy

Answer 14

The right to a private personal life free from the intrusion of government