Chapter Four

Question 1

Blue Law

Answer 1

Law originally created to uphold a religious or moral standard, such as prohibitions against selling alcohol on Sundays

Question 2

Civil Liberties

Answer 2

limitations on the power of government, designed to ensure personal freedoms

Question 3

civil rights

Answer 3

guarantees of equal treatment by government authorities

Question 4

common-law right

Answer 4

a right of the people rooted in legal tradition and past courting rulings, rather than the Constitution

Question 5

Conscientious objector

Answer 5

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

Question 6

double jeopardy

Answer 6

prosecution pursued twice at the same level of government for the same criminal action, being tried twice for the same crime

Question 7

due process clause

Answer 7

provisions of the fifth and fourteenth amendments that limit government power to deny people “life, liberty, or property” on an unfair basis

Question 8

economic liberty

Answer 8

the right of individuals to obtain, use, and trade things of value for their own benefit

Question 9

eminent domain

Answer 9

the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the fifth amendment

Question 10

establishment clause

Answer 10

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

Question 11

exclusionary rule

Answer 11

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

Question 12

free exercise clause

Answer 12

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Question 13

Miranda warning

Answer 13

a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person’s rights

Question 14

obscenity

Answer 14

acts or statements that are extremely offensive by contemporary standards –> led to creation of the Children’s Internet Protections Act(schools must filter internet access.

Question 15

Patriot Act

Answer 15

a law passed by congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT ACT(Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

Question 16

Plea Bargain

Answer 16

an agreement between the defendant and the prosecutor on which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

Question 17

prior restraint

Answer 17

a government action that stops someone from doing something before they are able to do it(forbidding people to publish a book they plan to release)

Question 18

probable cause

Answer 18

legal standard for determining whether a search or seizure is constitutional or a crime has been committed; lower threshold than the standard of proof needed at a criminal trial

Question 19

right to privacy

Answer 19

the right to be free of government intrusion ex: Griswold v Connecticut

Question 20

search warrant

Answer 20

a legal document, signed by a judge, allowing police to search and/or seize persons or property

Question 21

selective incorporation

Answer 21

the gradual process of making some guarantees of the bill of rights(so far) apply to state governments and the national government ex: McDonald v. Chicago

Question 22

self-incrimination

Answer 22

an action or statement that admits guilt or responsibility for a crime

Question 23

Sherbert test

Answer 23

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the ‘least restrictive means” possible; sometimes replaced by the RFFRA( Religious Freedom Restoration Act)

Question 24

symbolic speech

Answer 24

a form of expression that does not use writing or speech but nonetheless communicates an idea(wearing and article of clothing to show solidarity with a group), subject to same protections as written speech

Question 25

undue burden test

Answer 25

a means of deciding whether a law that makes it harder for women to seek abortions is constitutional

Question 26

First Amendment

Answer 26

rights to freedoms of religion and speech; right to assemble/petition the government for redress of grievances; right to a free press

Question 27

second amendment

Answer 27

right to keep/bear arms to maintain a well-regulated militia

Question 28

third amendment

Answer 28

right to not house soldiers during time of war

Question 29

fourth amendment

Answer 29

right to be secure from unreasonable search and seizure

Question 30

fifth amendment

Answer 30

rights in criminal cases, including dure process and indictment by grand jury for capital crimes, as well as the right to not testify against oneself

Question 31

sixth amendment

Answer 31

right to a speedy trial by an impartial jury; can present witnesses in their own defense, and assistance of an attorney

Question 32

seventh amendment

Answer 32

right to a jury trial in civil cases

Question 33

eighth amendment

Answer 33

right to not face excessive bail, excessive fines, or cruel and unusual punishment

Question 34

ninth amendment

Answer 34

rights retained by the people, even if they are not specifically enumerated by the constitution

Question 35

tenth amendment

Answer 35

states’ rights to powers not specifically delegated to the federal government

Question 36

14th amendment privileges and immunities clause

Answer 36

privileges and immunities clause: “no state shall make or enforce and law which shall abridge the privileges or immunities of citizens of the United States” –> due process clause(former confederate states after reconstruction ends, as black codes and jim crow begins –> wrote new constitution without this 14th amendment)