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22 Cards in this Set
- Front
- Back
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Bill of Rigths
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1 Freedom of speech, religion,
press, petition, right to assembly 2 Rigth to bear arms. 3 No Quatering troops in private homes. 4 No unreasonable seizures and searches. 5 Due process of law; prohibits self-incrimination. 6 speedy and public trial. 7 Trial by jury. 8 Prevents excessive bail and cruel punishment. 9 Amendments can't be limited by federal powers. 10 All powers not given to federal gov't are given to state. |
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Due process of law
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Denies the gov't the right w/out due process to deprive people of life liberty and prosperity.
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Equal proteccion of law
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Standard of equal treatment that must be observed by gov't.
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selective incorporation
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Court cases applied Bill of Rights to states.
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Freedom of expression
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Right of people to speak, publish and assemble.
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Freedom of religion
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People shall be free to exercise their religion and gov't may not establish a religion.
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Prior restraint.
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Censorship of publication.
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Clear-and-present danger test
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Law should not punish speech unless there was a clear and present danger of producing harmful actions.
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Libel
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Writing that falsely injures another person.
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obscenity
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not protected by 1st amendment; something wrongful and bad to be seen or performed in public
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Symbolic speech
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an act that conveys a political message.
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Free exercise speech
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1st amendment requirement that law cannot prevent free exercise of religion.
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establishment clause.
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1st amendment ban on laws "respecting an establishment of religion".
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wall of separation
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Court ruling that gov't cannot be involved with religion.
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exclusionary rule
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Improperly gathered evidence may not be introduced in a criminal trial.
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search warrant
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a judge's order authorizing a search.
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probable cause
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reasonable cause for issuing a search warrant making arrest, more than mere suspicion.
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good-faith-exception
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an error in gathering evidence sufficiently minor that it may be used in a trial.
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14th amendment
a Privileages and immunities protects all the citizens. b Due process prohibits abuse. c Equal protection clause pplies to all fairly |
forces states to follow Bill of Rigths:
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Lemon test
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Test to see the constitutionity of religion:
a Action or law must have a secular purpose. b Action/Law(s) primary effect neither promote or inhibit religion. c Action or law dues not foster "excessive entaglement" (church and state) |
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self-incrimination
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No one shall be compelled to be a witness against himself.
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Miranda warning
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rules given to a person upon being detained:
a: Rigth to lawyer, b: Anything you say can and will be used against you. c: Right to remain silent. e: Right to give statement and pause whenever you want |
