Civil Liberties

Question 1

An interpretation of the First Amendment that would permit legislature to forbid speech encouraging people to engage in illegal action.

Answer 1

Bad tendency test

Question 2

Deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition

Answer 2

Civil disobedience

Question 3

An interpretation of the First Amendment, holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts

Answer 3

Clear and present danger test

Question 4

Advertisements and commercials for products and services; receive less First Amendment protection, primarily to discourage false and misleading ads

Answer 4

Commercial speech

Question 5

Laws that apply to all kinds of speech and to all views, not only that which is unpopular or divisive

Answer 5

Content or viewpoint neutrality

Question 6

Trial or punishment for the same crime by the same government; forbidden by the constitution

Answer 6

Double jeopardy

Question 7

Established rules and regulations that restrain government officials

Answer 7

Due process

Question 8

A clause in the Fifth Amendment limiting the power of the national government; a similar clause in the Fourteenth Amendment prohibits states government from depriving anyone of life, liberty, or property without due process of law

Answer 8

Due process clause

Question 9

The power of a government to take private property for public; the US constitution gives national and state governments this power and require them to give just compensation for property so taken

Answer 9

Eminent domain

Question 10

A clause in the First Amendment stating that Congress shall make no law representing an establishment of religion. The Supreme Court has interpreted this to forbid direct governmental support to any or all religions

Answer 10

Establishment clause

Question 11

A retroactive criminal law that works to the disadvantage of a person

Answer 11

Ex post facto law

Question 12

A requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trail

Answer 12

Exclusionary rule

Question 13

Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence

Answer 13

Fighting words

Question 14

A clause in the First Amendment stating that Congress shall make no law prohibiting the free exercise of religion.

Answer 14

Free exercise clause

Question 15

A jury of 12-23 persons, depending on the state and local requirements, who privately hear evidence presented by the government to determine whether persons shall be required to stand trial. If jury believes there is sufficient evidence that a crime was committed, it issues an indictment

Answer 15

Grand Jury

Question 16

A formal written statement from a grand jury charging an individual with an offence; also called a true bill

Answer 16

Indictment

Question 17

Written defamation of another person. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid.

Answer 17

Libel

Question 18

The quality of state of work that, taken as a whole, appeals to a prurient interest in sex by depicting sexual content in a patently offensive way and that lacks serious literacy, artistic, political, or scientific value

Answer 18

Obscenity

Question 19

A jury of 6 to 12 persons determine whether a defendant is found guilty in a civil or criminal action

Answer 19

Petit jury

Question 20

An interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do

Answer 20

Preferred position doctrine

Question 21

Censorship imposed before a speech is made or a newspaper is published; usually deemed unconstitutional

Answer 21

Prior restraint

Question 22

A constitutional requirement that governments proceed by proper methods; limits how governments may exercise power

Answer 22

Procedural due process

Question 23

The rights of an individual to own, use, rent, invest in, buy, and sell property

Answer 23

Property rights

Question 24

A government regulation that effectively takes land by restricting its use, even if it remains in the owners name

Answer 24

Regulatory taking

Question 25

A writ issued by a magistrate that authorises the police to search a particular place or person, specifying the place to be searched and the objects to be seized

Answer 25

Search warrant

Question 26

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth amendment and so applied to state and local governments

Answer 26

Selective incorporation

Question 27

A constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable;limits what a government can do

Answer 27

Substantive due process

Question 28

Libel, obscenity, and fighting words, which are not entitled to constitutional protection in all circumstances.

Answer 28

Unprotected speech