Chapter 4: Civil Liberties

Question 1

A court order demanding that an individual in custody be brought into court and shown the cause for detention

Answer 1

Habeas corpus

Question 2

A law that declares a person guilty of a crime without a trial

Answer 2

Bill of attainder

Question 3

Laws that declare an action to be illegal after it has been committed

Answer 3

Ex post facto laws

Question 4

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

Answer 4

Bill of rights

Question 5

Areas of personal freedom constitutionally protected from government interference

Answer 5

Civil liberties

Question 6

The process by which different protections in the Bill of Rights were incorporated to the 14th amendment,
thus guaranteeing citizens protection from the state as well as national governments

Answer 6

Selective incorporation

Question 7

The first amendment clause that says “Congress shall make no law respecting an establishment of religion”, this law means that a “wall of separation” exists between church and state

Answer 7

Establishment clause

Question 8

A rule that states government action toward religion is permissible if it is secular and purpose, neither promotes nor inhibits the practice of religion, and does not lead to “excessive entanglement” with religion

Answer 8

Lemon test

Question 9

The first amendment clause that protects a citizens right to believe and practice whatever religion he or she chooses

Answer 9

Free exercise clause

Question 10

Used to determine whether speech is protected or unprotected

Answer 10

“Clear and present danger” test

Question 11

Speech that directly incites damaging conduct

Answer 11

Fighting words

Question 12

speech accompanied by conduct such as sit-ins, picketing, demonstrations

Answer 12

“Speech plus”

Question 13

protection of this form of speech under the First Amendment is conditional and restrictions imposed by the state or local authorities are acceptable if properly balanced by considerations of public order

Answer 13

“Speech plus”

Question 14

An effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way;
censorship;

Answer 14

Prior restraint

Question 15

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

Answer 15

Libel

Question 16

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

Answer 16

Slander

Question 17

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

Answer 17

Due process of law

Question 18

The ability of courts to exclude evidence of change in violation of the 14th amendment

Answer 18

Exclusionary rule

Question 19

Jury that determines whether sufficient evidence is available to justify a trial;
This jury does not rule on the accused’s guilt or innocence

Answer 19

Grand jury

Question 20

The fifth amendment right providing that a person cannot be tried twice for the same crime

Answer 20

Double jeopardy

Question 21

the person under arrest must be informed prior to police interrogation of the right to remain silent and to have the benefit of legal counsel.

Answer 21

Miranda rule

Question 22

The right of government to take private property for public use

Answer 22

Eminent domain

Question 23

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

Answer 23

Right to privacy