Civil Liberties definitions Flashcards

1
Q

Civil Liberties

A

Personal Freedoms ( Freedom of speech, Assembly, Religion)

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2
Q

Cruel and Unusual Punishment

A

Torture brutal treatment or degrading treatment unknown to law

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3
Q

Establishment Clause

A

Clause in the first amendment that prohibits the establishment of law by congress

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4
Q

Exclusionary Rule

A

A law prohibiting illegally obtained evidence in court

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5
Q

Free Exercise Clause

A

Prohibits congress from respecting the establishment of a religion or prohibiting any other religion

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6
Q

Human Rights

A

Rights Granted to Every Individual

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7
Q

Incorporation

A

Constituting a company, city or organization as a legal corporation

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8
Q

Right to Counsel

A

All defendants have a right to be represented by an attorney in court

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9
Q

Self- Incrimination

A

Exposing Oneself in Court

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10
Q

Symbolic Speech

A

Actions that purposely convey a particular message to those viewing it

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11
Q

Unreasonable search and seizure

A

Search and seizure by law enforcement without a warrant or probable cause

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12
Q

Incorporate Doctrine

A

Portions of the bill of rights are made applicable to the states through the due process clause

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13
Q

Due Process Clause

A

Acts as a safeguard from arbitrary denial of life, liberty or property by the government outside the sanction of law

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14
Q

Nationalize

A

Transfer from private to state ownership/ control

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15
Q

Strict v Loose Interpretation

A

Following the constitution as written when enforced

GIving interpretation between based on current event s

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16
Q

Living Document

A

A document that is continuously edited or updated

17
Q

Judicial Activism

A

Judicial rulings based on personal or political consideration

18
Q

Marketplace of Ideas

A

A free expression of ideas to create a new ideal

19
Q

Grand Jury

A

Jurors used to asses the validity of the ruling that has been passed

20
Q

Double Jeopardy

A

The procedural defense that prevents an individual from being tried for the same crime twice

21
Q

Trial By Jury

A

A process where the trial is assessed by the defendant’s peers by validity of evidence

22
Q

Stop and Frisk

A

Practice of Temporary questioning, detaining or suspension without a warrant or probable cause

23
Q

Racial Profiling

A

The use of an individual’s race to determine their criminal background