Chapter 5 Study Guide Flashcards
Incorporation Doctrine
Requires both the state and local governments to enforce our fundamental freedoms
Procedural Due Process
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
Substantive Due Process
Measures the legitimacy, or substance, of a state law; requires each state to prove their laws as a valid exercise of power
Establishment Clause
Says the government will remain separate from religion and will neither support nor denounce a religion
Libel
Written defamation of a person
Clear and Present Danger
Limits free speech (especially during wartime)
Eminent Domain
If state damages property, has to be compensated
Lemon Test
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
Preferred Position
The First Amendment freedom of expression holds precedent over any other law
Probable Clause
Sufficient reasoning based upon facts to believe a crime has been committed; must exist to make an arrest without a warrant
Habeas Corpus
Requires court to explain why someone is being questioned/jailed
14th Amendment
Addresses citizenship and equal protection of the law
Search Warrant
Required for “unreasonable searches,” must detail person, place, things, and effects
Civil Liberties
Guaranteed personal freedoms that the government has to follow and can’t deny through any judicial proceedings
5th Amendment
Protects against self-incrimination
8th Amendment
Protects against cruel and unusual punishment/excessive bails or fines
6th Amendment
Have the right to a speedy trial by jury
Free Exercise Clause
Guarantees freedom to worship as please; idea yes, not always practices though
Selective Incorporation
Limits states from passing laws that contradict freedoms granted under the Bill of Rights
Due Process Clause
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”
Self-Incrimination
When a suspect has to be a witness for themselves
Fighting Words
Words that by their very nature invoke violence; could be profanity, obscenity, or threats
Slander
Spoken defamation of someone’s personal character
Obscenity
Something offensive to the majority; if lack literary value, patently offensive, or appeal to prurient interests
Prior Restraints
Not allowing publication of libelous or harmful material
Miranda Rights
List of your 5th Amendment rights that have to be read to any suspects when first accused
4th Amendment
Covers arrest procedures (searches and seizures); police need a warrant before gathering any evidence
Symbolic Speech
Form of expression using symbols or signs
Sedition
Punishment for speaking out against the government
Exclusionary Rule
Any illegally gathered evidence cannot be used in court
Double Jeopardy
A defendant can’t be tried multiple times on the same charges after having already been legitimately convicted
Right to Privacy
Every individual has the right to a private and personal life separate from government intervention
1st Amendment
Right to freedom of expression (speech, press, religion)
Bill of Rights
List of specific rights guaranteed to American citizens; created to prevent the federal government from having too much power
