Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
18 Cards in this Set
- Front
- Back
|
Writ of Habeas |
Habeas corpus means, literally, “you have the body.” A writ of habeas corpus is an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held. |
|
|
Bill of Attainder |
A law that inflicts punishment without a trial. |
|
|
Incorporation Theory |
The view that the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment’s due process clause. |
|
|
Ex Post Facto Law |
A law that inflicts punishment for an act that was not illegal at the time it was committed. |
|
|
Establishment Clause |
The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. |
|
|
Free Exercise Clause |
The provision of the First Amendment guaranteeing the free exercise of religion. |
|
|
Prior Restraint |
Restraining an activity before it has actually occurred. When expression is involved, this means censorship. |
|
|
Symbolic Speech |
Expression made through articles of clothing, gestures, movements, and other forms of nonverbal conduct. |
|
|
Commercial Speech |
Advertising statements, which increasingly have been given first Amendment protection. |
|
|
Imminent Lawless Action Test |
The current standard established by the Supreme Court for evaluating the legality of advocacy speech. Such speech can be forbidden only when it is " directed to inciting . . . imminent lawless actions." |
|
|
Defamation of Character |
Wrongfully hurting a person's good reputation. |
|
|
Slander |
The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, someone other than the defamed party. |
|
|
Libel |
A written defamation of a person's character or reputation. The defamatory statement must be observed by a third party. |
|
|
Actual Malice |
Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth. |
|
|
Public Figure |
A public official, movie star, or other person known to the public because of his or her positions or activities. |
|
|
Gag Order |
An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trail. |
|
|
Arraignment |
The first act in a criminal proceeding, in which the defendant is brought before a court to hear the changes against him or her and enter a plea of guilty or not guilty. |
|
|
Exclusionary Rule |
A judicial policy prohibiting the admission of trail of illegally seized evidence. |
