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35 Cards in this Set
- Front
- Back
Bill of Rights
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The first ten amendments to the U.S Constitution, which largely gurantee specific rights and liberties.
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Bill of attainder
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A law declaring an act illegal without a judical trial.
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Clear and present danger test
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Test articulated by the Supreme Court in Schenck v U.S. (1919) to draw the line between protected and unprotected speech; the Court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that Congress seeks "to prevent."
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Civil liberties
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The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation.
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Civil rights
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The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
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Direct incitement test
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Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.
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Double jeopardy clause
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Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.
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Due process clause
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Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee to individuals a variety of rights.
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Eighth Amendment
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Part of the Bill of Rights that states: "Excessivee bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
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Ex post facto law
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Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
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Establishment clause
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The first clause of the First Amendment; it directs the national government not to sanction an official religion.
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Exclusionary rule
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Judicially created rule that prohibits police from using illegally seized evidence at trial.
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Fighting words
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Words that, "by their very utternace inflict injurt or tend to incite an immediate breach of peace." fighting words are not subject to the restrictions of the First Amendment.
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Fundamental freedoms
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Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review.
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Fifth Amendment
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Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without just compensation.
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Fourth Amendment
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Part of the Bill of Rights that reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
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Free exercise clause
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The second clause of the First Amendment; it prohibits the U.S. Government from interfering with a citizen's right to practice his or her religion.
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First Amendment
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Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect civil liberties, including freedom of religion, speech, press, assembly and petition.
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Incorporation doctrine
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An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments must also guarantee the rights stated in the Bill of Rights.
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Lemon test
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Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.
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Libel
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Written statement that defames a person's character.
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Miranda Rights
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Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the Court if the suspect cannot afford one.
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Miranda v Arizona (1966)
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A landmark Supreme Court ruling that held the Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.
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Ninth Amendment
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Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution of Bill of Rights does not mean that others do not exist.
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New York Times Co. v Sullivan (1964)
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Case in which the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure.
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Prior restraint
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Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment
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Roe v Wade (1973)
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The Supreme Court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment
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Right to privacy
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The right to be left alone; a judicially created principle encompassingn a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the first, third, fourth, ninth, and fourteenth Amendments.
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Selective incorporation
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A judicial doctrine whereby most but not all of the protections found in the Bill of rights are made applicable to the states via the Fourteenth Amendment
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Sixth Amendment
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Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice the charges, the right to confront and obtain favorable witnesses, and the right to counsel.
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slander
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Untrue spoken statement that defame the character of a person.
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Symbolic speech
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Symbols, signs and other methods of expression generally considered to be protected by the first Amendment.
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Substantive due process
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Judicial interpretation of the Fifth and Fourteenth Amendments due process clauses that protects citizens from arbitrary or unjust state or federal laws.
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Tenth Amendment
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The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people.
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Writs of Habeas Corpus
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Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed if the judge is not persuaded by the government's case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.
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