Chapter 5 Study Guide

Question 1

Incorporation Doctrine

Answer 1

Requires both the state and local governments to enforce our fundamental freedoms

Question 2

Procedural Due Process

Answer 2

States that the way a law is carried out has to be equal for everyone; person must be given notice and the opportunity to be heard

Question 3

Substantive Due Process

Answer 3

Measures the legitimacy, or substance, of a state law; requires each state to prove their laws as a valid exercise of power

Question 4

Establishment Clause

Answer 4

Says the government will remain separate from religion and will neither support nor denounce a religion

Question 5

Libel

Answer 5

Written defamation of a person

Question 6

Clear and Present Danger

Answer 6

Limits free speech (especially during wartime)

Question 7

Eminent Domain

Answer 7

If state damages property, has to be compensated

Question 8

Lemon Test

Answer 8

Determined if government has the right to infringe upon religion; says they do if 1) secular purpose 2) neither advances nor inhibits religion 3) doesn’t foster government entanglement with religion

Question 9

Preferred Position

Answer 9

The First Amendment freedom of expression holds precedent over any other law

Question 10

Probable Clause

Answer 10

Sufficient reasoning based upon facts to believe a crime has been committed; must exist to make an arrest without a warrant

Question 11

Habeas Corpus

Answer 11

Requires court to explain why someone is being questioned/jailed

Question 12

14th Amendment

Answer 12

Addresses citizenship and equal protection of the law

Question 13

Search Warrant

Answer 13

Required for “unreasonable searches,” must detail person, place, things, and effects

Question 14

Civil Liberties

Answer 14

Guaranteed personal freedoms that the government has to follow and can’t deny through any judicial proceedings

Question 15

5th Amendment

Answer 15

Protects against self-incrimination

Question 16

8th Amendment

Answer 16

Protects against cruel and unusual punishment/excessive bails or fines

Question 17

6th Amendment

Answer 17

Have the right to a speedy trial by jury

Question 18

Free Exercise Clause

Answer 18

Guarantees freedom to worship as please; idea yes, not always practices though

Question 19

Selective Incorporation

Answer 19

Limits states from passing laws that contradict freedoms granted under the Bill of Rights

Question 20

Due Process Clause

Answer 20

All individuals - even criminals - are guaranteed their basic rights; “no state shall deprive any person of life, liberty, or property without due process of law”

Question 21

Self-Incrimination

Answer 21

When a suspect has to be a witness for themselves

Question 22

Fighting Words

Answer 22

Words that by their very nature invoke violence; could be profanity, obscenity, or threats

Question 23

Slander

Answer 23

Spoken defamation of someone’s personal character

Question 24

Obscenity

Answer 24

Something offensive to the majority; if lack literary value, patently offensive, or appeal to prurient interests

Question 25

Prior Restraints

Answer 25

Not allowing publication of libelous or harmful material

Question 26

Miranda Rights

Answer 26

List of your 5th Amendment rights that have to be read to any suspects when first accused

Question 27

4th Amendment

Answer 27

Covers arrest procedures (searches and seizures); police need a warrant before gathering any evidence

Question 28

Symbolic Speech

Answer 28

Form of expression using symbols or signs

Question 29

Sedition

Answer 29

Punishment for speaking out against the government

Question 30

Exclusionary Rule

Answer 30

Any illegally gathered evidence cannot be used in court

Question 31

Double Jeopardy

Answer 31

A defendant can’t be tried multiple times on the same charges after having already been legitimately convicted

Question 32

Right to Privacy

Answer 32

Every individual has the right to a private and personal life separate from government intervention

Question 33

1st Amendment

Answer 33

Right to freedom of expression (speech, press, religion)

Question 34

Bill of Rights

Answer 34

List of specific rights guaranteed to American citizens; created to prevent the federal government from having too much power