Chapter 4: Civil Liberties

Question 1

blue law

Answer 1

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

Question 2

civil liberties

Answer 2

limitations on the power of government, designed to ensure personal freedoms

Question 3

civil rights

Answer 3

guarantees of equal treatment by government authorities

Question 4

common-law right

Answer 4

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

Question 5

conscientious objector

Answer 5

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

Question 6

double jeopardy

Answer 6

a prosecution pursued twice at the same level of government for the same criminal action

Question 7

due process clause

Answer 7

provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis

Question 8

economic liberty

Answer 8

the right of individuals to obtain, use, and trade things of value for their own benefit

Question 9

eminent domain

Answer 9

the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment

Question 10

establishment clause

Answer 10

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

Question 11

exclusionary rule

Answer 11

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

Question 12

free exercise clause

Answer 12

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Question 13

Miranda warning

Answer 13

a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person’s rights

Question 14

obscenity

Answer 14

acts or statements that are extremely offensive by contemporary standards

Question 15

Patriot Act

Answer 15

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

Question 16

plea bargain

Answer 16

an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

Question 17

prior restraint

Answer 17

a government action that stops someone from doing something before they are able to do it (e.g., forbidding people to publish a book they plan to release)

Question 18

probable cause

Answer 18

legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

Question 19

right to privacy

Answer 19

the right to be free of government intrusion

Question 20

search warrant

Answer 20

a legal document, signed by a judge, allowing police to search and/or seize persons or property

Question 21

selective incorporation

Answer 21

the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government

Question 22

self-incrimination

Answer 22

an action or statement that admits guilt or responsibility for a crime

Question 23

Sherbert test

Answer 23

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible

Question 24

symbolic speech

Answer 24

a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

Question 25

undue burden test

Answer 25

a means of deciding whether a law that makes it harder for women to seek abortions is constitutional