Chapter 4: Civil Liberties Flashcards

1
Q

Civil Liberty

A

Individual Rights protected by the Constitution against the power of the government

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2
Q

Writ Of Habeas Corpus

A

An order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in jail

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3
Q

Bill Of Attainder

A

A legislative act that inflicts punishment on particular persons or groups without granting them the right to a trial

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4
Q

Ex Post Facto Law

A

A criminal law that punishes individuals for committing an act that was legal when the act was committed

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5
Q

Due Process Clause

A

The constitution guarantee, set out in the 5th and 14th Amendment, that the government will not illegally or arbitrarily deprive a person of life, liberty, and prooerty

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6
Q

Due Process Of Law

A

The requirement that the government use fair, reasonable, and standard procedures whenever it takes any legal action against an individual; required by the 5th and 14th Amendments

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7
Q

Establishment Clause

A

The section of the 1st Amendment that prohibits Congress from passing law’s “respecting an establishment of religion”

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8
Q

Free Exercise Clause

A

The provision of the 1st Amendment stating that the government cannot pass laws “prohibiting the free exercise of religion”

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9
Q

Lemon Test

A

A three-part test enunciated by the Supreme Court in the 1971 case of Lemon v. Kurtzman to determine whether government aid to parochial school is constitutional

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10
Q

School Voucher

A

An educational certificate, provided by a government, that allows a student to use public funds to pay for a private or a public school chosen by the student or his or her parents

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11
Q

Symbolic Speech

A

The expression of beliefs, opinions, or ideas through forms other than verbal speech or print; speech involving actions and other nonverbal expression

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12
Q

Sedition Speech

A

Speech that urges resistance to lawful authority or that advocates the overthrow of a government qI

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13
Q

Imminent Lawless Action Test

A

The current Supreme Court doctrine for assessing the constitutionality of subversive speech

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14
Q

Commercial Speech

A

Advertising statements that describe products

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15
Q

Libel

A

A published report of a falsehood that tends to injure a person’s reputation or character

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16
Q

Slander

A

The public utterance (speaking) of a statement that holds a person up for contempt, ridicule, or hatred

17
Q

Obscenity

A

Indecency or offensive in speech, expression, behavior, or apperance

18
Q

California v. Miller (1973)

A

Supreme Court made a three-part test to know if someone is being obscenity

19
Q

Prior Restraint/ Press Censorship

A

With respect to freedom of the press involves censorship

20
Q

Free Assembly

A

Can be limited in time, place, and manner

21
Q

Roe v. Wade (1973)

A

The Supreme Court Legalized abortion under the right to privacy in the constitution

22
Q

Probable Couse

A

Cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime

23
Q

Double Jeopardy

A

The prosecution of a person twice for the same criminal offense; prohibited by the 5th Amendment in all but a few circumstances

24
Q

Self-Incrimination

A

Providing damaging information or testimony against oneself in court

25
Q

Exclusionary Rule

A

A criminal procedural rule that illegally obtained evidence is not admissible in court

26
Q

Miranda Warnings

A

A series of statements informing criminal suspects, on their arrest, of their constitutional rights, such as the right to remain silent and the right to counsel