Chapter 5 Flashcards

1
Q

Due process law

A

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

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2
Q

Equal protection of the laws

A

Standard of equal treatment that must be observed by the gov

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3
Q

Civil liberties

A

Rights to be free of gov interference, accorded to an individual by the constitution: free speech, free press, and so on

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4
Q

Selective incorporation

A

Process whereby the court has applied most, but not all, parts of the bill of rights to the states

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5
Q

Freedom of expression

A

Right of people to speak, publish, and assemble

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6
Q

Freedom of religion

A

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

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7
Q

Prior restraint

A

Censorship of a publication

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8
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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9
Q

Libel

A

Writing that falsely injures another person

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10
Q

Symbolic speech

A

An act that conveys a political message

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11
Q

Free-exercise clause

A

First amendment requirement that law cannot prevent free exercise of religion

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12
Q

Establishment clause

A

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

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13
Q

Wall of separation

A

Court ruling that gov cannot be involved w religion

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14
Q

Exclusionary rule

A

Improperly gathered evidence may not be introduced in a criminal trial

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15
Q

Search warrant

A

Judge’s order authorizing a search

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16
Q

Probable cause

A

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

17
Q

Good faith exception

A

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

18
Q

Public safety exception

A

Police can question an un-mirandized suspect if there is an urgent concern for public safety

19
Q

Inevitable discovery

A

Police can use evidence if it would inevitably have been discovered