IV - Civil Liberties Flashcards
Blue law
Law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays
Civil liberties
Limitations on the power of gov’t, designed to ensure personal freedoms
Civil rights
guarantees of equal treatment by gov’t authorities
Common-law right
Right of people rooted in legal tradition and past court rulings, rather than the Constitution
Conscientious objector
Person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion
Double jeopardy
Prosecution pursued twice at the same level of gov’t for the same criminal action
Due process clause
Provisions of the Fifth and Fourteenth Amendments that limit governmental power to deny people “life, liberty, or property” on an unfair basis
Economic liberty
Right of individuals to obtain, use, and trade things of value for their own benefit
Eminent domain
Power of gov’t to take or use property for a public purpose after compensating its owner
Also known as the takings clause of the 5th Amendment
Establishment clause
Provisions of 1st Amendment that prohibits the gov’t from endorsing a a state-sponsored religion
Interpreted as preventing gov’t from favoring some religious beliefs over others or religion over non-religion
Exclusionary rule
Requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot by used to try someone for a crime
Free exercise clause
Provision of First Amendment that prohibits the gov’t from regulating religious beliefs & practices
Miranda warning
Statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights
Obscenity
Acts or statements that are extremely offensive by contemporary standards
Patriot Act
Law passed by Congress in wake of 9/11 attacks that broadened federal powers to monitor electronic communications
plea bargain
Agreement between defendant and prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial
Prior restraint
Gov’t action that stops someone from doing something before they are able to do it(e.g. forbidding someone to publish a book he or she plans to release)
Probable cause
Legal standard for determining whether a search or seizure is constitutional or a crime has been committed
Lower threshold than standard of proof needed at criminal trial
Right to privacy
Right to be free of gov’t intrusion
Search warrant
Legal document, signed by judge, allowing police to search and/or seize persons or property
Selective incorporation
Gradual process of making some guarantees of the Bill of Rights apply to state gov’t and national gov’t
Self-incrimination
Action or statement that admits guilt or responsibility for a crime
Sherbert test
Standard for deciding whether a law violates the free exercise clause
A law will be struck down unless there is a “compelling gov’t interest” at stake and it accomplishes its goal by “least restrictive means” possible
Symbolic speech
Form of expression that does not use writing or speech but nonetheless communicates an idea(e.g. wearing an article of clothing to show solidarity with a group)
Undue burden test
Means of deciding whether a law that makes it harder for women to seek abortions is constitutional
