Chapter 4: Civil Liberties Flashcards
Civil Liberty
Individual Rights protected by the Constitution against the power of the government
Writ Of Habeas Corpus
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
Bill Of Attainder
A legislative act that inflicts punishment on particular persons or groups without granting them the right to a trial
Ex Post Facto Law
A criminal law that punishes individuals for committing an act that was legal when the act was committed
Due Process Clause
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
Due Process Of Law
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
Establishment Clause
The section of the 1st Amendment that prohibits Congress from passing law’s “respecting an establishment of religion”
Free Exercise Clause
The provision of the 1st Amendment stating that the government cannot pass laws “prohibiting the free exercise of religion”
Lemon Test
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
School Voucher
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
Symbolic Speech
The expression of beliefs, opinions, or ideas through forms other than verbal speech or print; speech involving actions and other nonverbal expression
Sedition Speech
Speech that urges resistance to lawful authority or that advocates the overthrow of a government qI
Imminent Lawless Action Test
The current Supreme Court doctrine for assessing the constitutionality of subversive speech
Commercial Speech
Advertising statements that describe products
Libel
A published report of a falsehood that tends to injure a person’s reputation or character
Slander
The public utterance (speaking) of a statement that holds a person up for contempt, ridicule, or hatred
Obscenity
Indecency or offensive in speech, expression, behavior, or apperance
California v. Miller (1973)
Supreme Court made a three-part test to know if someone is being obscenity
Prior Restraint/ Press Censorship
With respect to freedom of the press involves censorship
Free Assembly
Can be limited in time, place, and manner
Roe v. Wade (1973)
The Supreme Court Legalized abortion under the right to privacy in the constitution
Probable Couse
Cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime
Double Jeopardy
The prosecution of a person twice for the same criminal offense; prohibited by the 5th Amendment in all but a few circumstances
Self-Incrimination
Providing damaging information or testimony against oneself in court
Exclusionary Rule
A criminal procedural rule that illegally obtained evidence is not admissible in court
Miranda Warnings
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
