Chapter 4 Civil Liberties

Question 1

Civil Liberties

Answer 1

areas of personal freedom constitutionally protected from government interference

Question 2

Habeas Corpus

Answer 2

a court order that the individual in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

Question 3

Bill of Rights

Answer 3

the first 10 amendments to the US Constitution, ratified in 1791; they ensure certain rights and liberties to the people

Question 4

selective incorporation

Answer 4

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments

Question 5

Establishment Clause

Answer 5

the First Amendment clause that says that “Congress shall make no law respecting an establishment of religion”; this law means that a “wall of separation” exists between church and state

Question 6

Free Exercise Clause

Answer 6

the First Amendment clause that protects a citizen’s right to believe and practice whatever religion they chooses

Question 7

“clear and present danger” test

Answer 7

test used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

Question 8

fighting words

Answer 8

speech that directly incites damaging conduct

Question 9

“speech plus”

Answer 9

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

Question 10

prior restraint

Answer 10

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances

Question 11

Libel

Answer 11

a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”

Question 12

Slander

Answer 12

an oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory”

Question 13

due process of law

Answer 13

the right of every individual against arbitrary action by national or state governments

Question 14

exclusionary rule

Answer 14

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

Question 15

grand jury

Answer 15

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence

Question 16

double jeopardy

Answer 16

the Fifth Amendment right providing that a person cannot be tried twice for the same crime

Question 17

Miranda rule

Answer 17

the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

Question 18

right to privacy

Answer 18

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

Question 19

eminent domain

Answer 19

Power of a government to take private property for public use.