Chapter 8-civil liberties Flashcards
What are civil liberties?
Fundamental rights and freedoms protected from infringement by the government.
What are civil rights?
Protections from discrimination as a member of a particular group.
What is the Bill of Rights?
A list of fundamental rights and freedoms that individuals possess.
What part of the constitution is the Bill of Rights?
The first 10 amendments.
What is the due process clause and what amendment is it in?
The clause in the Fourteenth Amendment that restricts state governments from denying their citizens their life, liberty, or property without legal safeguards.
What is selective incorporation?
The process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case by case basis.
What is the establishment clause and what amendment is it in?
First Amendment protection against the government requiring citizens to join or support a religion.
What is the free exercise clause and what amendment is it in?
First Amendment protection of the rights of individuals to exercise and express their religious beliefs.
What is freedom of expression and what amendment is it in?
A fundamental right affirmed in the First Amendment to speak, publish, and protest.
What is the clear and present danger test?
Legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment.
What is prior restraint?
The suppression of material prior to publication on the grounds that it is harmful or might endanger national security.
What is symbolic speech?
Protected expression in the form of images, signs, and other symbols.
What court case involved symbolic speech and why?
Tinker vs Des Moines. This court case involved high school students who wore Vietnam War armbands and were suspended. The court ruled it was a violation of free speech.
What is libel?
An untrue written statement that injures a person’s reputation.
What is slander?
An untrue spoken expression that injures a person’s reputation.
What is obscenity and pornography, and what court case does it apply to?
words, images, or videos that depict sexual activity in an ofensive manner and that
lack any artistic merit.
-Mapp v. Ohio
what is the writ of habeas
corpus
the right of people detained by the government to know the charges against them.
what are bills of attainder?
bills declaring someone guilty of a crime without a trial
what is procedural due process?
a judicial standard requiring that fairness be applied to all individuals equally.
what is a warrant?
a document issued by a judge authorizing a search
what is probable cause and why is it important?
a reasonable belief that a crime ahs been committed or there is evidence stating so.
- a warrant can only be issued on the presentation of probable cause
what is the exclusionary rule?
a rule that evidence obtained without a warrant is inadmissible in court
what is the grand jury?
a group of citizens who, based on the evidence presented to them, decide whether
or not a person should be indicted and subsequently tried in a court of law.
-typically used at the federal and state levels of the court system. Its main role is to determine whether there is enough evidence to indict a person and proceed to trial.
what is double jeopardy?
a protection of individuals acquitted of a crime from being charged with the same crime
again in the same jurisdiction.
What are Miranda rights?
the right to remain silent and to have an attorney present during questioning;
these rights must be given by police to individuals in custody suspected of criminal
activity
what is bail?
an amount of money posted as a security to allow the charged indivi dual to be
freed while awaiting trial.
