Chp. 4

Front 1

Bill of attainder -

Back 1

a law that declares a person guilty of a crime without a trial

Front 2

Bill of Rights -

Back 2

the first ten amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people

Front 3

Civil liberties -

Back 3

areas of personal freedom with which governments are constrained from interfering

Front 4

"clear and present danger" test -

Back 4

test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society

Front 5

Double jeopardy -

Back 5

the Fifth Amendment right providing that a person cannot be tried twice for the same crime

Front 6

Due process of law -

Back 6

the right of every citizen against arbitrary action by national or state governments

Front 7

Eminent domain -

Back 7

the right of government to take private property for public use

Front 8

Establishment clause -

Back 8

the First Amendment clause that says that "Congress shall make no law respecting an establishment of religion." This law means that a "wall of separation" exists between church and state

Front 9

Ex post facto law -

Back 9

a law that declares an action to be illegal after it has been committed

Front 10

Exclusionary rule -

Back 10

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

Front 11

Fighting words -

Back 11

speech that directly incites damaging conduct

Front 12

Free exercise clause -

Back 12

the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

Front 13

Grand jury -

Back 13

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence

Front 14

Habeas corpus -

Back 14

a court order demanding that an individual in custody be brought into court and shown the cause for detention

Front 15

Lemon test -

Back 15

a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion

Front 16

Libel -

Back 16

a written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"

Front 17

Miranda rule -

Back 17

the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

Front 18

Prior restraint -

Back 18

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances

Front 19

Right to privacy -

Back 19

the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions

Front 20

Selective incorporation -

Back 20

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments

Front 21

Slander -

Back 21

an oral statement, made in "reckless disregard of the truth," which is considered damaging to the victim because it is "malicious, scandalous, and defamatory"

Front 22

"speech plus" -

Back 22

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the first amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order