Chapter 5 Flashcards

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1
Q

Civil liberties

A

Rights - chiefly, rights to be free of government interference - accorded to an individual by the Constitution: free speech, free press, etc.

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2
Q

Due process of law

A

Denies the government the right, without due process, to deprive people of life, liberty, and property

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3
Q

Equal protection of laws

A

A standard of equal treatment that must be observed by the government

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4
Q

Freedom of expression

A

Right of people to speak, publish, and assemble (freely practice religion)

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5
Q

Freedom of religion

A

People shall be free to exercise their religion, and government may not establish a religion

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6
Q

Prior restraint

A

Censorship of a publication

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7
Q

Selective incorporation process

A

The process whereby the Court has applied most, but not all parts of the Bill of Rights to the states

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8
Q

Clear and present danger test

A

Law should not punish speech unless there is a clear and present danger of producing harmful actions

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9
Q

Libel

A

Writing that falsely injures another person (consciously)

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10
Q

Slander

A

Speech that falsely injures another person (consciously)

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11
Q

Symbolic speech

A

An act that conveys a political message 🔥🇺🇸🔥

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12
Q

Free-exercise clause

A

First amendment requirement that law cannot prevent free exercise of religion

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13
Q

Establishment clause

A

First amendment ban on laws “respecting an establishment of religion”

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14
Q

Wall of separation

A

Court ruling that government cannot be involved with religion

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15
Q

Exclusionary rule

A

Improperly gathered evidence may not be introduced in a criminal trial

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16
Q

Search warrant

A

A judge’s order authorizing a search

17
Q

Probable cause

A

Reasonable cause for issuing a search for or making an arrest; more than mere suspicion

18
Q

Good faith exception

A

An error in gathering evidence sufficiently minor that it may be used in a trial

19
Q

Public safety exception

A

The police can question an un-Mirandized suspect if there is an urgent concern for public safety

20
Q

Inevitable discovery

A

The police can use evidence if it would inevitably have been discovered