Chapter 4- Civil Liberties

Question 1

Actual Malice

Answer 1

Making a statement that is false or was made without regard to whether it was false or not

Question 2

Bifurcated trial

Answer 2

A type of trial required to administer the death penalty in many states. In the first stage guilt is determined normally. In the second stage deals with whether the crime deserves the death penalty.

Question 3

Clear and present danger

Answer 3

Determines whether free speech protects a statement. If statement is determined to caus clear and present danger it is not protected

Question 4

Compulsory self-incrimination

Answer 4

Basically what is commonly called the right to remain silent,

Question 5

Double jeopardy

Answer 5

When you are charged a second time for a crime you were proven not guilty for

Question 6

Exclusionary rule

Answer 6

Prevents the use of illegally obtained evidence in a trial

Question 7

Expressive conduct

Answer 7

Synonymous with symbolic speech. Wearing a political button or holding a sign are basic examples

Question 8

Fighting words

Answer 8

Direct personal insults likely to incite violence. Not protected by free speech

Question 9

Freedom of association

Answer 9

The right to associate with People of one’s choosing. Freedom to join political parties of one’s choosing.

Question 10

Grand jury

Answer 10

A jury of inquiry, who are summoned to criminal court to hear the evidence, complaints, and accusations in criminal cases. They vote whether to issue a bill of indictment.

Question 11

Imminent lawless action

Answer 11

Is not protected by free speech. What inciting a lawless action through speech is called.

Question 12

Indictment

Answer 12

An accusation in writing found and presented by a grand jury. A formal written accusation originating with a prosecutor and issued by a grand jury against a party accused of a crime.

Question 13

Miller test

Answer 13

Defines obscenity. To be obscene under test, work must be obviously offensive. Second it must appeal to a prurient interest in sex. Finally, it must lack any redeeming quality.

Question 14

Probable cause

Answer 14

Required to issue a warrant. Having more evidence for a case than against.

Question 15

Reasonable time, place, and manner regulations.

Answer 15

Prevents assembly unless it is at a time and place decided by the government. Also allows cancellation of assembly if manner is unsavory.

Question 16

Right of privacy

Answer 16

A generic term encompassing various rights recognized to be inherent in concept of ordered liberty. While there is no right of privacy written in constitution, the Supreme Court has recognized that certain zones can be regarded as private.

Question 17

Search warrant

Answer 17

4th amendment provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized”

Question 18

Selective incorporation

Answer 18

Policies of state and local governments are now subject to judicial scrutiny under the same standards that the bill of rights imposes on the federal government.

Question 19

Subpoena

Answer 19

It’s a command to appear at a certain time and place to give testimony upon a certain matter.

Question 20

Symbolic speech

Answer 20

A persons conduct which expresses opinions or thoughts about a subject and which may or may not be protected by the first amendment.