Civil Liberties Flashcards

1
Q

civil liberties

A

Rights— chiefly, rights to be free of government interference—accorded to an individual by the Constitution: free speech, free press, and so on.

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2
Q

due process of law

A

Denies the government the right, without due process, to deprive people of life, liberty, and property.

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3
Q

equal protection of the laws

A

A standard of equal treatment that must be observed by the government.

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4
Q

selective incorporation

A

The process whereby the Court has applied most, but not all, parts of the Bill of Rights to the states.

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5
Q

freedom of expression

A

Right of people to speak, publish, and assemble

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6
Q

freedom of religion

A

People shall be free to exercise their religion, and government may not establish a religion

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7
Q

prior restraint

A

Censorship of a publication.

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8
Q

clear and present danger test

A

Law should not punish speech unless there was a clear and present danger of producing harmful actions.

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9
Q

libel

A

Writing that falsely injures another person.

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10
Q

symbolic speech

A

An act that conveys a political message.

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11
Q

free-exercise clause

A

First Amendment requirement that law cannot prevent free exercise of religion.

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12
Q

establishment clause

A

First Amendment ban on laws “respecting an establishment of religion.”

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13
Q

wall of separation

A

Court ruling that government cannot be involved with religion.

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14
Q

exclusionary rule

A

Improperly gathered evidence may not be introduced in a criminal trial.

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15
Q

search warrant

A

A judge’s order authorizing a search.

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16
Q

probable cause

A

Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.

17
Q

good faith exception

A

An error in gathering evidence sufficiently minor that it may be used in a trial.

18
Q

public safety exception

A

The police can question an un-Mirandized suspect if there is an urgent concern for public safety.

19
Q

inevitable discovery

A

The police can use evidence if it would inevitably have been discovered.