Vocab- civil Liberties

Question 1

Bill of rights

Answer 1

The first 10 amendments to the U.S. Constitution drafted in response to some of the anti-federalist concerns
these amendments define such basic liberties as freedom of religion, speech, and press and offer protections against arbitrary searches by the police and being held without talking to a lawyer

Question 2

Establishment clause

Answer 2

Parts of the first amendment stating that Congress shall make no law respecting an establishment of religion

Question 3

Free exercise clause

Answer 3

A First Amendment provision that prohibits government from interfering with the practice of religion

Question 4

Prior restraint

Answer 4

The government’s preventing material from being published
this is a common method of limiting the press in some nations, but is usually unconstitutional in the United States according to the First Amendment
confirmed in the 1931 Supreme Court case of Near v. Minnesota

Question 5

Symbolic speech

Answer 5

Nonverbal communication such as burning a flag or wearing an armband the Supreme Court has accorded some symbolic speech protections under the First Amendment

Question 6

Libel

Answer 6

The publication of false or malicious statements that damage someone’s reputation

Question 7

Slander

Answer 7

the action or crime of making a false spoken statement damaging to a person’s reputation.

Question 8

Due process

Answer 8

fair treatment through the normal judicial system, especially as a citizen’s entitlement.

Question 9

Reasonable suspicion

Answer 9

legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than a ‘hunch’”; it must be based on “specific and articulable facts

Question 10

Probable cause

Answer 10

The situation occurring when the police have reason to believe that a person should be arrested and making the rest police are allowed to legally search for and sees incriminating evidence

Question 11

Unreasonable searches and seizures

Answer 11

Obtaining evidence in a haphazard or random manner (a practice prohibited by the 14th amendment)
both probable cause and a search warrant are required for legal and proper search for and seizure of incriminating evidence

Question 12

Search warrant

Answer 12

A written authorization from the court specifying the area to be searched and what the police are searching for

Question 13

Exclusionary rule

Answer 13

The rules that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained
the rule prohibits evidence obtained through unreasonable searches and seizures

Question 14

Plain view rule

Answer 14

allows an officer to seize – without a warrant – evidence and contraband found in plain view

Question 15

Good faith exception

Answer 15

exception to exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced if the mistake was made in good faith

(of all the parties involved had reason at the time to believe that the warrant was proper).

Question 16

Protections afforded to the accused in the 5th amendment

Answer 16

And indictment of a grand jury
double jeopardy
self-incrimination
deprived of life liberty or property without due process of law
eminent domain (private property taken away without compensation)

Question 17

Protections afforded to accused in 6th amendment

Answer 17

Speedy and public trial 
impartial jury 
change of venus
Face accusers
Question witnesses 
Question witnesses in his favor 
assistance of counsel for defense
Know charges- writ of Habeas corpus

Question 18

Protections in eighth amendment

Answer 18

No excessive bales or fines or cruel and unusual punishments

Question 19

Self incrimination

Answer 19

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court

fifth amendment forbids self-incrimination

Question 20

Right to privacy

Answer 20

the right to a private personal life free from intrusion of government
the right to privacy is implicitly protected by the Bill of Rights

Question 21

Due process clause of 14th amendment

Answer 21

part of the 14th amendment guaranteeing that person’s cannot be deprived of life liberty or property by the United States and state governments without due process of law

Question 22

Incorporation doctrine

Answer 22

The legal concept under which the Supreme Court has nationalized the bill of rights by making most of its provisions applicable to the states through the 14th amendment

Question 23

Civil liberties

Answer 23

The legal constitutional protections against government although our civil liberties are formally set down in the Bill of Rights the courts police and legislatures defined their meaning