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30 Cards in this Set
- Front
- Back
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Writ of habeas corpus |
Court order requiring explanation to judge why a prisoner is being held in custody |
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Ex post facto law |
Retroactive criminal law that works to the disadvantage of a person |
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Due process law |
Clause in the Fifth Amendment limiting the power of national government, similar clause in the 14th Amendment prohibits state government from depriving persons of life, liberty, or property without this |
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Selective incorporation |
Process which Provisions in Bill of Rights are brought within the scope of the 14th Amendment and so applied to State and local governments |
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Establishment Clause |
In the First Amendment stating Congress shall make no law respecting an established of religion. Supreme Court interpreted this to forbid direct government support to any or all religions |
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Commercial speech |
Advertisements and commercials for products and services, receive less first amendment protection, to discourage false and misleading ads |
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Bad tendency test |
Interpretation of First Amendment, permitting legislation to forbid speech encouraging people to engage in illegal action |
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Free exercise clause |
In the First Amendment stating Congress shall make no law prohibiting the free exercise of religion |
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Clear and present danger test |
Interpretation of the First Amendment, government can't interfere with speech unless the speech presents a clear and present danger that leads to evil |
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Preferred position Doctrine |
Interpretation of First Amendment, freedom of expression so essential to democracy that government shouldn't punish persons for what they say, only do |
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Prior restraint |
Censorship imposed before a speech is made or a newspaper is published, usually presumed to be unconstitutional |
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Content or viewpoint neutrality |
Laws that apply two kinds of speech and all viewpoints |
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Unprotected speech |
Libel, obscenity, and fighting words are not entitled to constitutional protection in all circumstances |
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Libel |
Written defamation of another person |
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Obscenity |
Quality or state of a work that, appeals to a prurient interest in sex by depicting sexual conduct in offensive ways. It is using behavioral, images, or language in a harmful way. |
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Fighting words |
Words that by their very nature inflict injury on those to whom they are addressed in violence |
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Civil disobedience |
Deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition |
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Property rights |
Rights of individuals to own, used, rent, invest in, by, and sell property |
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Eminent domain |
Power of government to take private property for public use, US Constitution gives National and state governments this power |
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Regulatory taking |
Government regulation that effectively takes Land by restricting use, even if it remains owners value |
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Due process |
Established rules and regulations that restrain government officials |
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Substantive due process |
Constitutional requirement that government Act responsibly and that the substance of the laws themselves are fair and reasonable, limits what a government can do |
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Exclusionary rule |
Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial |
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Procedural due process |
Constitutional requirement that the government proceed by proper methods, limits how government may exercise power |
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Search warrant |
Writ issued by a judge that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized |
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Grand jury |
Jury of 12 to 23 people, who privately hear evidence represented by the government to determine whether a person shall be required to stand trial trial. If there is significant evidence that it was committed, an indictment is issued |
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Petit jury |
Jury of 6 to 12 people. Determine whether a defendant is found guilty in a civil or criminal action |
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Indictment |
Formal written statement from a grand jury charging an individual with an offense, also called a true bill |
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Plea bargain |
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense |
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Double jeopardy |
Trail or punishment for the same crime by the same government, forbidden by the Constitution |
