Civil Liberties Flashcards
blue law
a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays
civil liberties
limitations on the power of govt., designed to ensure personal freedoms
civil rights
guarantees of equal treatment by govt. authorities
common-law right
a right of the people rooted in legal tradition and past court rulings, rather than the Constitution
conscientious objector
a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion
double jeopardy
a prosecution pursued twice at the same level of govt. for the same criminal action
due process clause
provisions of the Fifth and Fourteenth Amendments that limit govt. power to deny people “life, liberty, or property” on an unfair basis
economic liberty
the rights of individuals to obtain, use, and trade things of value for their own benefit
eminent domain
the power of govt. to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment
establishment clause
the provision of the First Amendment that prohibits the govt. from endorsing a state-sponsored religion; interpreted as preventing govt. from favoring some religious beliefs over others or religion over non-religion
exclusionary rule
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
free exercise clause
the provision of the First Amendment that prohibits govt. from regulating religious beliefs and practices
Miranda warning
a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person’s rights
obscenity
acts or statements that are extremely offensive by contemporary standards
Patriot Act
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)
plea bargain
an agreement between the defendant and the prosecutor in 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 trail
prior restraint
a govt. action that stops someone from doing something before they are able to do it (e.g., forbidding people to publish a book they plan to release)
probable cause
legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trail
right to privacy
the right to be free of govt. intrusion
search warrant
a legal document, signed by a judge, allowing police to search and/or seize persons or property
self-incrimination
an action or statement that admits guilt or responsibility for a crime
Sherbert test
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
symbolic speech
a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)
undue burden test
a means of deciding whether a law that makes it harder for women to seek abortions is constitutional
