Civil Liberties and Civil Rights

Question 1

Civil Liberties

Answer 1

The personal guarantees and freedoms that the government connote abridge by law, constitution, or judicial interpretation.

Question 2

Civil Rights

Answer 2

The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.

Question 3

Writ of Habeas Corpus

Answer 3

You must be brought before the court and informed of charges against you.

Question 4

Bill of Attainder

Answer 4

(No BILLS OF ATTAINDER) You cannot be punished without a trial.

Question 5

Ex Post Facto Laws

Answer 5

(NO EX POST FACTO LAWS) Laws applied to acts committed before the laws’ passage are unconstitutional.

Question 6

Self-Incrimmination

Answer 6

The act of implicating oneself in a crime or exposing oneself to criminal prosecution. Self-incrimination may occur as a result of interrogation or may be made voluntarily. The Fifth Amendment of the Constitution protects a person from being compelled to incriminate oneself.

Question 7

Double Jeopardy

Answer 7

The prosecution of a person twice for the same offense.

Question 8

Symbolic Speech

Answer 8

Using actions and symbols to convey an idea rather than words (burning a draft card or flag, wearing an armband in protest); may be subject to government restrictions if it endangers public safety.

Question 9

Establishment Clause

Answer 9

The first clause of the First Amendment that guarantees all citizens receive “equal protection of the laws”

Question 10

Free Exercise Clause

Answer 10

The second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion.

Question 11

Lemon Test

Answer 11

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.

Question 12

Pure Speech

Answer 12

The most common form of speech, verbal speech; given the most protection by the courts.

Question 13

Speech Plus

Answer 13

Verbal and symbolic speech used together, such as a rally; may also be limited.

Question 14

Prior Restraint

Answer 14

Constitutional doctrine that prevents the government from prohibition speech or publication before the fact; generally held to be in violation of the First Amendment.

Question 15

Substantive Due Process

Answer 15

Judicial interpretation of the Fifth and Fourteenth Amendments; due process clauses that protects citizens from arbitrary or unjust federal laws.

Question 16

Procedural Due Process

Answer 16

Principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.

Question 17

Eminent Domain

Answer 17

The right of a government or its agent to expropriate private property for public use, with payment of compensation.

Question 18

Exclusionary Rule

Answer 18

A judicially created rule that prohibits police from using illegally seized evidence at trial.

Question 19

Equal Protection Clause

Answer 19

Section of the Fourteenth Amendment that guarantees al citizens receive “equal protection of the laws.”

Question 20

Affirmative Action

Answer 20

Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group.