EXAM Unit 3 Flashcards

1
Q

following legal procedures

A

due process

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2
Q

knowledge of a crime and available evidence

A

probable cause

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3
Q

spoken defamatory statement

A

slander

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4
Q

written defamatory statement

A

libel

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5
Q

death penalty for crime

A

capital punishment

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6
Q

formal charge of criminal wrongdoing by grand jury

A

indictment

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7
Q

illegally obtained evidence may not be used in court

A

exclusionary rule

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8
Q

gov. action to prevent before violation

A

prior restraint

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9
Q

sexually indecent and highly offensive

A

obscenity

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10
Q

test to stop free speech

A

clear and present danger

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11
Q

right to hold any religious belief

A

free exercise clause

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12
Q

gov. cannot establish an official religion

A

establishment clause

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13
Q

$ paid to get out of jail until trial

A

bail

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14
Q

stand trial twice for the same crime

A

double jeopardy

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15
Q

disputes between people; person v. person

A

civil law

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16
Q

disputes between the state and people; state v. person

A

criminal law

17
Q

speech/action to inspire revolt against gov.

A

sedition

18
Q

betraying your country

A

treason

19
Q

Explain free speech and the test of when a speech can be stopped.

A

Free speech is the right to express any opinions without censorship or restraint. If a person’s speech is promoting illegal or unlawful activity or shows a clear and present danger, then a speech can be stopped.

20
Q

What are the guidelines for requesting a search warrant?

A
  1. probable cause
  2. must give specific information about the objects/address where they might be found (ex: address, apt. #, and floor #)
  3. affidavit- a sworn, written statement given by police
  4. judge must not have prejudice
21
Q

In what cases is a search warrant NOT needed?

A
  1. anyone who freely consents to being searched
  2. an arrested person before being placed in jail
  3. an armed or dangerous person
  4. if the police sees, in plain view, evidence that could lead to a criminal charge
  5. if there’s a likelihood that the evidence can be destroyed before a warrant can be obtained
22
Q

List and describe the 5 freedoms of the first amendment:

A
  1. religion- anyone has the right to believe in whatever faith they want and to practice it (as long as it isn’t unlawful)
  2. assembly-the right to form/join groups and to gather for any peaceful and lawful purpose
  3. press- the right to circulate opinions in print without censorship by the government
  4. petition- the right to present requests to the government (usually involving signatures) without punishment
  5. speech- the right to express any opinions without censorship or restraint
23
Q

What are the first 10 Amendments?

A

The Bill of Rights

24
Q

government can’t deny life, liberty, or property without this

A

due process