Chapter 5 Flashcards

1
Q

equal protection of laws

A

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

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2
Q

selective incorporation

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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3
Q

freedom of expression

A

right of people to speak, publish, and assemble

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4
Q

freedom of religion

A

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

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5
Q

prior restraint

A

censorship of publication

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6
Q

clear and present danger test

A

law should not punish speech unless there was a clear and present danger of producing harmful actions

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7
Q

libel

A

writing that falsely injures another person

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8
Q

symbolic speech

A

an act that conveys a political message

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9
Q

free exercise clause

A

first amendment requirement that law cannot prevent free exercise of religion

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10
Q

establishment clause

A

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

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11
Q

wall of separation

A

court ruling that government cannot be involved with religion

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12
Q

exclusionary rule

A

improperly gathered evidence may not be introduced in a criminal trial

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13
Q

search warrant

A

a judge’s order authorizing a search

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14
Q

probable cause

A

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

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15
Q

good faith exception

A

an error in gathering evidence sufficiently minor that it amy be used in a trial

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16
Q

public safety exception

A

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

17
Q

inevitable discovery

A

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

18
Q

Due process of law

A

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