Midterm 4 Flashcards
Civil Liberties
Limitations on the power of government, designed to ensure personal freedoms
Civil Rights
Guarantees of equal treatment by government authorities
Due Process Clause
Provisions of the fifth and fourteenth amendment s that limit government power to deny people “life liberty or property” on an unfair basis
Selective incorporation
The gradual process process of making some guarantees of the bill of rights apply to state governments and the national government
Blue law
A law originally created to uphold a religious or moral standard such as a prohibition against selling alcohol on sundays
Common law right
A right if the people rooted in legal tradition and past court rulings rather than the constitution
Conscientious objector
A person who claims the right to refuse to preform military service on the grounds of freedom of thought, conscience or religion
Establishment clause
the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion
Exclusionary rule
a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime
Free exercise clause
The provision of the First Amendment that prohibits the government from regulating religious beliefs and practice
Obscenity
Acts or statements that are extremely offensive by contemporary standards
Prior restraint
A government 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) government 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; a lower threshold than the standard of proof needed at a criminal trial
Search warrant
a legal document, signed by a judge, allowing police to search and/or seize persons or property
Sherbert Test
a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible
Symbolic speech
A 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)
Double jeopardy
A prosecution pursued twice at the same level of government for the same criminal action
Economic liberty
the right of individuals to obtain, use, and trade things of value for their own benefit
Eminent domain
the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment
Miranda Warning
statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights
Plea bargain
an agreement between the defendant and the 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
Self-incrimination
action or statement that admits guilt or responsibility for a crime
Right to privacy
the right to be free of government intrusion
Patriot act
law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)
Undue burden test
means of deciding whether a law that makes it harder for women to seek abortions is constitutional
