Chapter 8: Civil Liberties

Question 1

Civil Liberties

Answer 1

fundamental rights and freedoms protected from infringement by the government

Question 2

civil rights

Answer 2

protections from discrimination as a member of a particular group

Question 3

bill of rights

Answer 3

a list fundamental rights and freedoms that individuals possess. The first 10 amendments to the US Constitution are referred to as the Bill of Rights

Question 4

due process clause

Answer 4

the clause in the 14th amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards

Question 5

selective incorporation

Answer 5

the piecemeal process through which the SCOTUS has affirmed that almost all of the protections within the Bill of Rights also apply to state government

Question 6

establishment clause

Answer 6

1st amendment protection against the government requiring citizens to join to support religion

Question 7

free exercise clause

Answer 7

1st amendment protection of the rights of individuals to exercise and express their religious beliefs

Question 8

freedom of expression

Answer 8

a fundamental right affirmed in the 1st amendment to speak, publish, and protest

Question 9

clear and present danger test

Answer 9

legal standard that speech posing an immediate and serious threat to national security is not protected by the 1st amendment

Question 10

prior restraint

Answer 10

the suppression of material prior to publicationon the grounds that ti might endanger national security

Question 11

symbolic speech

Answer 11

protected expression in the form of images, signs, and other symbols

Question 12

libel

Answer 12

an untrue written statement that injures a person’s reputation

Question 13

slander

Answer 13

an untrue spoken expression that injures a person’s reputation

Question 14

obscenity and pornography

Answer 14

words, images, or videos that depict sexual activity in an offensive manenr and that lack any artistic merit

Question 15

ex post facto laws

Answer 15

laws criminalizing conduct that was legal at time it concurred

Question 16

bill of attainder

Answer 16

a law passed by Congress punishing an individual without a trial

Question 17

writ of habeaus corpus

Answer 17

a document setting out reasons for an arrest or detention

Question 18

procedural due process

Answer 18

a judicial standard requiring that fairness be applied to all individuals equally

Question 19

warrant

Answer 19

a document issued by a judge authorizing a search

Question 20

probable cause

Answer 20

reasonable belief that a crime has been committed or that there is evidence of criminal activity

Question 21

exlusionary rule

Answer 21

a rule that evidence obtained without a warrant is inadmissible in court

Question 22

grand jury

Answer 22

a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court

Question 23

double jeopardy

Answer 23

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

Question 24

Miranda Rights

Answer 24

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

Question 25

bail

Answer 25

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial