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18 Cards in this Set
- Front
- Back
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Civil Liberties
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Freedoms found primarily in the Bill of Rights that are protected from government interference
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habeas corpus
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the legal document that a person who is arrested must have a timely hearing before a judge
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bill of attainder
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is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.
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ex post facto law
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or retroactive law is a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law. In reference to criminal law, it may criminalize actions that were legal when committed; or it may aggravate a crime by bringing it into a more severe category than it was in at the time it was committed;
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economic liberty
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right to own and use property free from excessive government interference
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full faith and credit
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the provision in Article IV, section 1,of the constitution that provides that states must respect the public acts, laws and judicial rulings of other states
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contract clause
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the portion of Article I, Section 10, of the constitution that prohibits states from passing any law "impairing the obligation of contracts"
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selective incorporation
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the gradual and piecemeal incorporation of the protections of the Bill of Rights by the U.S. Supreme Court
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Privileges and Immunities Clause
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The portion of Article IV, Section 2, of the constitution that says that citizens from out of state have the same legal rights as local citizens in any state
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Nationalizing/Incorporation
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the process by which provisions of the Bill of Rights become incorporated
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Ordinary Scrutiny
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The assumption that the actions of elected bodies and officials are legal under the Constitution
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Strict Scrutiny
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The assumption that actions by elected bodies or officials violate constitutional rights
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prior restraint
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The governments power to prevent publication, as opposed to punishment afterwards
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free exercise clause
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portion of first amendment that prohibits constitution from impeding religious observances or impinging upon religious beliefs
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establishment clause
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the part of the first amendment that prohibits congress from establishing an oficial religion; the basis for the doctrine of the separation of church and state
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exclusionary rule
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a standard promulgated by the supreme court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search
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probable cause
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legal doctrine that refers to a reasonable belief that a crime has been committed
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capital crime
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any crime for which death is a possible penalty
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