Terms Flashcards
Groups of individuals within a society who can be recognized in the law as holding certain rights?
Classes or categories of individuals
Independence, freedom, or the right to self-governance?
Autonomy
Those rights essential to citizens that allow them to earn a living, to acquire and transfer property, and to produce, buy, and sell goods and services in free markets.
Economic rights
Those rights that prohibit the government from acting in certain ways, or rights that are not to be interfered with.
Negative rights
Those rights of individuals int their private capacity, such as the right life and liberty, and rights to vote and hold public office
Personal rights
All the rights of a citizen in free society that are clearly expressed and guaranteed by the constitution and implied by nature laws
Political rights
Those rights that require overt government action, as opposed to negative rights that require government not o act in specified ways
Positive rights
Most legal claims that are justified in ways that are generally accepted within a society or the international community
Rights
A public or common good that is claimed to take precedence over individual interests or, in some cases, rights
Compelling state interest
An official, state-sponsored religion, such as those in dozens of countries that have official state religions.
Established church
The part of the first amendment that prohibits the government from declaring an official religion
Establishment clause
The part of the first amendment that state that congress shall have no laws that prevent people from holding whatever religious belief they choose
Free exercise clause
A basic principle of American government that no single religion should be favored by government over other religions, nor should the gov interfere with the right to practice or not practice religious belief
Separation of church and state
A published false statement that injures a persons reputation
Libel
The government keeping certain speech or writing from being published, preventing the censored material from being distributed
Prior censorship or restraint
Written language that seeks to persuade others to engage in the over throw of a government
Seditious libel
Government regulation that place restrictions on the free speech
Time place and manner restrictions
A rule restricting open discussion or debate on a particular issur
Gag rule
A place where people can express and exchange their views
Public forum
The legal claim provided for in the first amendment that allows people to meet to discuss and express their beliefs, ideas, or feelings.
Right to assemble
The freedom to meet with others for political or any other lawful purpose
Right to associate
The legal claim that allows citizens to urge their government to correct wrongs and injustices or to take some other action
Right to petition
A formally sworn statement
Affidavit
The rule established by the U.S. Supreme Court that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in a trial
Exclusionary rule
The need for authorities to have reasonable grounds for presuming that crime has been or is in the process of being committed before searching someone’s person or proper
Probable cause
The quality of what makes sense to a rational and fair-minded person
Reasonable
American law: Intrusion into someone’s privacy
Search
In this case, this refers to interference with a person’s property or freedom of movement
Seizure
Providing information or evidence can be used against oneself in a case
Self-incrimination
A guarantee prosecutors give to a witness to not use the witness’s self-incriminating compelled testimony as evidence against the witness in a subsequent criminal prosecution
Use immunity
An order that serves as authorization, such as searching, seizure, or arrest
Warrant
Money or other security given to obtain an arrested persons release from custody, which is forfeited if the person fails to appear before a court trial
Bail
The use of the death penalty by a judicial system
Capital punishment
A criminal sanction or penalty that is not in accord with the moral standards of a humane and compassionate society
Cruel and unusual punishment
The provision in the fifth amendment to the U.S. Constitution that a person may not be tried twice in that same crime
Double jeopardy
A panel of jurors designated to inquire into alleged violation of the law in order to ascertain whether the evidence is sufficient to warrant trial
Grand jury
A formal charge by a grand jury accusing a person of having committed a crime
Indictment
Occurs when a defendant pleads guilty to a lesser crime than that charged by a prosecutor
Plea agreement
Is part of the right to fair trial that allows for the defendant to be assisted by an attorney
Right to counsel
